Georgia Court of Appeals, 1918

Rachels v. State

Rachels v. State
Georgia Court of Appeals · Decided October 14, 1918 · Bloodwoeth
22 Ga. App. 649; 96 S.E. 1045; 1918 Ga. App. LEXIS 659

Rachels v. State

Opinion of the Court

Bloodwoeth, J.

1- There is no merit in the grounds of the motion for

new trial based on alleged newly discovered evidence. They show that the defendant knew of this evidence before the trial, and that there was a 'lack of diligence on his part to procure the same. Burgess v. State, 93 Ga. 304 (20 S. E. 331); Watkins v. State, 18 Ga. App. 60 (3), 61 (88 S. E. 1000).

2. There was sufficient evidence to support the finding of guilty by the trial judge, who presided without a jury.

Judgment affirmed.

Broyles, P. J., and Harwell, J., concur.

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