Georgia Court of Appeals, 1921

Rozier v. State

Rozier v. State
Georgia Court of Appeals · Decided April 13, 1921 · Bloodworth
26 Ga. App. 622; 106 S.E. 815; 1921 Ga. App. LEXIS 562

Rozier v. State

Opinion of the Court

Bloodworth, J.

1. The special ground of the motion for a new trial based upon newly discovered evidence was properly overruled. A part of this evidence was impeaching in its nature; the remainder was cumulative and not of such character as would likely produce a different verdict should a new trial be granted. See Park’s Penal Code, § 1088, and citations under the catchwords “Cumulative,” “Impeaching,” pp. 752-3, 755.

2. The verdict is supported by evidence and has the approval of the trial judge, and it was not error to overrule the motion for a new trial.

Judgment affirmed.

Broyles, O. J., and Luke, J., concur.

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