Georgia Court of Appeals, 1928

Holder v. State

Holder v. State
Georgia Court of Appeals · Decided November 13, 1928 · Broyles
38 Ga. App. 691; 145 S.E. 469; 1928 Ga. App. LEXIS 403

Holder v. State

Opinion of the Court

Broyles, C. J.

This was an extraordinary motion for a new trial, based upon alleged newly discovered evidence. This court can not hold that the trial judge abused his discretion in denying the motion, since the *692affidavit iu support of the sole witness upon whose alleged newly discovered evidence a new trial was sought failed to give the names of his associates. Troupe v. State, 37 Ga. App. 115 (2) (139 S. E. 116), and citation. Judgment affirmed.

Decided November 13, 1928. Eli B. Hubbard, for plaintiff in error. Joseph B. Dulce, solicitor-general, contra. Luke and Bloodioorth, JJ., concur.

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