Henderson v. State
Court of Appeals of Georgia
1Opinion of the CourtLuke, J.
1. “Cumulative evidence to prove an alibi, even if newly discovered, is not cause for a new trial.” Harrison v. State, 83 Ga. 129 (9 S. E. 542); Tipton v. State, 119 Ga. 305 (46 S. E. 436); Hanson v. State, 27 Ga. App. 590 (2) (109 S. E. 523).(a) Furthermore, in the instant case the affidavits in support of the “newly discovered” witnesses were defective, in that they failed to give the names of their associates. The trial judge, therefore, did not abuse his discretion in refusing to grant a new trial on account of the alleged newly discovered evidence. Ivey v. State, 154 Ga. 63 (6) (113 S.…
Also in this document: Concurrence.
2Cases cited5 opinions
- Ivey v. StateSupreme Court of Georgia · 1922
- Harrison v. StateSupreme Court of Georgia · 1889
- Tipton v. StateSupreme Court of Georgia · 1904
- Hanson v. StateCourt of Appeals of Georgia · 1921
- Waller v. StateCourt of Appeals of Georgia · 1925
3Cited by2 opinions
- Gates v. StateCourt of Appeals of Georgia · 1951
- Bryan v. Moncrief Furnace Co.Supreme Court of Georgia · 1929