Georgia Court of Appeals, 1927

Durrence v. State

Durrence v. State
Georgia Court of Appeals · Decided January 11, 1927 · Luke
36 Ga. App. 278; 136 S.E. 329; 1927 Ga. App. LEXIS 13

Durrence v. State

Opinion of the Court

Luke, J.

1. As regards the alleged newly discovered evidence, the affidavits of both the defendant and his counsel fail to state that the evidence could not, by the exercise of ordinary diligence, have been discovered by them before the verdict. The court, therefore, had the discretion to overrule that ground of the motion for a new trial.

2. The verdict was amply authorized by the evidence.

Judgment affirmed.

Broyles, C. J., concurs. Bloodworth, J., absent on account of illness.

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