Georgia Court of Appeals, 1922

Durrence v. State

Durrence v. State
Georgia Court of Appeals · Decided March 7, 1922 · Luke
28 Ga. App. 322; 111 S.E. 78; 1922 Ga. App. LEXIS 481

Durrence v. State

Opinion of the Court

Luke, J.

Upon conflicting evidence the jury were authorized to convict the accused of having violated the prohibition law as charged.

The ground of the motion for a new trial, based upon alleged newly discovered evidence, falls squarely within the rules that where such evidence is merely cumulative and impeaching, and would not likely produce a different result upon another trial, it does not require a new trial. Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.

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