Georgia Court of Appeals, 1923

Jackson v. State

Jackson v. State
Georgia Court of Appeals · Decided July 25, 1923 · Broyles
30 Ga. App. 669; 118 S.E. 763; 1923 Ga. App. LEXIS 613

Jackson v. State

Opinion of the Court

.Broyles, C. J.

1. Motions for new trials upon extraordinary grounds are not favored by the courts (Hays v. Westbrook, 96 Ga. 219, 22 S. E. 893), and a stricter rule is applied to such motions where they are based upon the ground of newly discovered evidence than to an ordinary motion based upon such a ground. Norman v. Goode, 121 Ga. 449 (49 S. E. 268).

2. Under the above rulings and the facts of the instant case, this court cannot hold that the trial judge abused his discretion in overruling ' the extraordinary motion for a new trial.

Judgment affirmed.

Luke and Bloodicorth, JJ., concur.

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