Moreland v. State
Supreme Court of Georgia
Indictment for rape. Before Judge Edwards. Douglas superior court.
1Opinion of the CourtBeck, J.
1. The discretion of the judge in refusing a new trial on the ground of newly discovered evidence will not be interfered with where there is no showing by affidavit or otherwise as to the character and credibility of the witness who, it is alleged, will testify to the newly discovered facts. Atwater v. Hannah, 116 Ga. 745 (42 S. E. 1007).
2. Nor is newly discovered evidence, the only purpose of which is to impeach the principal witness for the State, sufficient to require interference with the discretion of the court below in refusing a new trial. Herndon v. State, 75 Ga. 887.
3. Those portions…
2Cases cited2 opinions
- Atwater v. Hannah & Co.Supreme Court of Georgia · 1902
- Herndon v. StateSupreme Court of Georgia · 1886
3Cited by5 opinions
- Allen v. StateSupreme Court of Georgia · 1938
- Johnson v. StateSupreme Court of Georgia · 1943
- Ware v. LamarCourt of Appeals of Georgia · 1916
- Cauthen v. StateCourt of Appeals of Georgia · 1919
- Veasey v. StateSupreme Court of Georgia · 1961