Georgia Court of Appeals, 1925

Stubbs v. State

Stubbs v. State
Georgia Court of Appeals · Decided March 27, 1925 · Beoyx
33 Ga. App. 604; 127 S.E. 478; 1925 Ga. App. LEXIS 632

Stubbs v. State

Opinion of the Court

Beoyx.es, C. J.

1. The ground of the motion for a new trial based upon alleged newly discovered evidence is defective, in that the supporting affidavits as to the character, etc., of the alleged newly discovered witnesses fail to show their residence, associates, or means of knowledge, as required by section 6086 of the Civil Code of 1910. Furthermore, the alleged newly discovered evidence is largely cumulative in character and is not such evidence as would probably cause a different verdict upon another trial of the case.

2. The verdict was axxthorized by the evidence, and the overruling of the motion for a new trial was not error.

Judgment affirmed.

Luhe and Bloodworlh, JJ., concur. Lester C. Dickson, for plaintiff in error. Claude C. Smith, solicitor-general, contra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.