Georgia Court of Appeals, 1943

Clarke v. State

Clarke v. State
Georgia Court of Appeals · Decided September 15, 1943 · Broyles, MacIntyre, Gardner
27 S.E.2d 49; 69 Ga. App. 867; 1943 Ga. App. LEXIS 199 (South Eastern Reporter, Second Series)

Clarke v. State

Opinion of the Court

Broyles, C. J.

Milton Clarke was tried for murder, and was convicted of voluntary manslaughter. The evidence, while in sharp conflict, amply authorized the 'verdict. The only special ground of the motion for new trial is based upon alleged newly discovered evidence, which, as the record discloses, was in the main cumulative and impeaching in its character. Therefore the judge did not abuse his discretion in' overruling the motion for new trial. Thompson v. State, 51 Ga. App. 5 (2) (170 S. E. 200). Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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