Proctor v. State

Georgia Court of Appeals
Proctor v. State, 35 Ga. App. 499 (1926)
133 S.E. 656; 1926 Ga. App. LEXIS 944
Beoyles

Proctor v. State

Opinion of the Court

Beoyles, C. J.

1. An affidavit in support of the witness upon whose newly-discovered evidence a new trial is sought must give the names of his associates; and where it fails to do so, the trial judge does not abuse his discretion by refusing to grant a new trial on this ground. Ivey v. State, 154 Ga. 63 (6) (113 S. E. 175); Waller v. State, 34 Ga. App. 674 (131 S. E. 95). Under this ruling the court did not err in overruling grounds 4 and 5 of the amendment to the motion for a new trial.

2. Under the facts of the case the rejection of the testimony set forth in ground 6 of the amendment to the motion for a new trial does not require another hearing of the case.

3. The verdict was authorized by the evidence.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

Reference

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Status
Published