Supreme Court of Georgia, 1912

McNaughton v. State

McNaughton v. State
Supreme Court of Georgia · Decided July 11, 1912 · Atkinson
138 Ga. 412; 75 S.E. 251; 1912 Ga. LEXIS 326

McNaughton v. State

Opinion of the Court

Per Curiam.

This was an extraordinary motion for new trial upon the ground of alleged newly discovered evidence. In view of the rebutting evidence submitted by the State on the hearing of the motion, and the improbability, considering the evidence upon the trial, that the alleged newly discovered evidence would produce a different result on another trial, the judgment refusing a new trial must be affirmed. See Malone v. State, 49 Ga. 221, and other cases collated in 14 Michie’s Dig. 398.

Concurring Opinion

Atkinson, J.

While I am of the opinion that the evidence on the trial was not sufficient to authorize the verdict, I concur in the opinion that the alleged newly discovered evidence would not probably produce a different result. Judgment affirmed.

All the Justices concur. A. L. Franklin, F. H. Saffold, W. W. Larsen, and Wilson, Bennett & Lamb din, for plaintiff in error. Thomas S. Felder/ attorney-general, Alfred Herrington, solicitor-general, Hines & Jordan, and Reuben R. Arnold, contra.

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