Thomas v. State
Supreme Court of Georgia
Criminal law. New trial. Newly discovered evidence. Before Judge Schley. Chatham Superior Court. November Special Term, 1873. The plaintiff in error was indicted for assault with intent to murder. The following is a condensed statement of the material points of the evidence : FOR THE STATE. Cornelius Donovan sworn: I have charge of the hands at the cotton press. My business is to see that they work ; it is customary for them to report to me after having been absent; Ben.
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Criminal law. New trial. Newly discovered evidence. Before Judge Schley. Chatham Superior Court. November Special Term, 1873. The plaintiff in error was indicted for assault with intent to murder. The following is a condensed statement of the material points of the evidence : FOR THE STATE. Cornelius Donovan sworn: I have charge of the hands at the cotton press. My business is to see that they work ; it is customary for them to report to me after having been absent; Ben. Thomas had been absent, and returned December 10, 1873; I asked him where he had been; he replied it ivas none of my…
1Opinion of the Court
McCay, Judge.
1. The newly discovered evidence is certainly material, and such as may, on another trial, alter the verdict. The principal witness who testified at the trial may have been mistaken as to who struck him. In such a melee as this wras, such a mistake might well occur. The affidavits are vei-y positive and clear, and if they are to be credited, the defendant is clearly not guilty of assault with intent to murder. Nor is the evidence, in any fair sense, cumulative only. True, it goes to the principal fact controverted on the trial, to-wit: who struck Donovan; but upon that point the…
2Cited by8 opinions
- Johnson v. StateSupreme Court of Georgia · 1943
- Merritt v. StateSupreme Court of Georgia · 1921
- O'Neil v. StateSupreme Court of Georgia · 1898
- Harper v. StateSupreme Court of Georgia · 1909
- Herrin v. StateCourt of Appeals of Georgia · 1944
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