Georgia Court of Appeals, 1928

Phillips v. State

Phillips v. State
Georgia Court of Appeals · Decided May 15, 1928 · Broyles
38 Ga. App. 181; 143 S.E. 510; 1928 Ga. App. LEXIS 118

Phillips v. State

Opinion of the Court

Broyles, C. J.

1. The evidence amply authorized the jury to find that the plaintiff in error and his codefendants entered into a conspiracy to commit the robbery charged. Under tuis ruling the admission of the evidence and the charge of the court complained of in the motion for a new trial were not error for any reason assigned.

2. The alleged newly discovered evidence is cumulative and impeaching, and is not of such a character as would probably produce a different verdict upon another trial.

3. The verdict was authorized by the evidence and the refusal to grant a new trial was not error.

Judgment affirmed.

Luke and Bloodworth, JJ., concur. H. E. Elders, O. L. Gowari, for plaintiff in error. J. T. Grice, solicitor-general, contra.

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