Legal Opinion

Henderson v. State

Court of Appeals of Georgia

Decided January 27, 1920No. 11038PublishedCited by 1 opinion

Indictment for violation of prohibition law; from city court of Blackshear—Judge Mitchell. October 4, 1919.

1Opinion of the CourtBloodworth, J.

1. “Though the witness sought to be impeached by newly discovered evidence was the only witness against the prisoner upon a vital point in the case, if the sole effect of the evidence would be to impeach the witness, a new trial will not be granted.” Arwood v. State, 59 Ga. 391 (1); Key v. State, 21 Ga. App. 795 (1) (95 S. E. 269), and eit. Under the above ruling there is no merit in the grounds of the motion for new trial based upon alleged newly discovered evidence.

2. There is some evidence to support the verdict; the judge who saw and heard the witnesses approved the finding of the jury,…

2Cases cited2 opinions

  1. Arwood v. StateSupreme Court of Georgia · 1877
  2. Key v. StateCourt of Appeals of Georgia · 1918

3Cited by1 opinion

  1. Oglesbee v. StateCourt of Appeals of Georgia · 1920

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