Supreme Court of Georgia, 1933

Aiken v. State

Supreme Court of Georgia · Decided February 15, 1933 · No. 9007 · Atkinson

176 Ga. 338; 168 S.E. 34; 1933 Ga. LEXIS 67

Cases that cite this one

3 later published cases cite this decision.

Tanner v. State (Ga. 1958)
Cannon v. State (Ga. 1942)
Allen v. State (Ga. 1938)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Atkinson, J.

1. “Applications for new trial on tlie ground of newly discovered evidence are not favored, .. . and it must . . appear that the newly discovered evidence is not cumulative only nor solely to impeach the credit of a witness, and that the probable effect thereof, if another trial be had, will be to produce a different verdict.” Burge v. State, 133 Ga. 431 (2) (66 S. E. 243. See also Rogers v. State, 129 Ga. 589 (59 S. E. 288); Ivey v. State, 154 Ga. 63(5) (113 S. E. 175); Coggeshall v. Park, 162 Ga. 78 (132 S. E. 632).

2. The alleged newly discovered evidence as fully set forth in the statement of facts was not of such character as to require the grant of a new trial on extraordinary motion. Judgment affirmed.

All the Justices concur. Louis H. Foster, Lawton Nalley, John W. Thomas, Len B. Quillet) eau, and F. A. Bowers, for plaintiff in error. George M. Napier, attorney-general, John A. Boylcin, solicitor-general, T. B. Qress, assistant attorney-general, J. W. LeCraw, and FI. A. Stephens, contra.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.