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Payne v. State

Court of Appeals of Georgia
Oct 1, 1947
44 S.E.2d 562 (Ga. Ct. App. 1947)

Opinion

31760.

DECIDED OCTOBER 1, 1947.

Extraordinary motion for new trial; from Franklin Superior Court — Judge Edwards. July 29, 1947.

John B. Morris, Linton S. Johnson, for plaintiff in error.

R. Howard Gordon, Solicitor-General, contra.


1. "The grant or refusal of an extraordinary motion for a new trial based upon the ground of newly discovered testimony, rests largely in the sound discretion of the trial judge; and this court will not interfere with the exercise of that discretion, where the newly discovered evidence is largely impeaching and cumulative in character, and where it does not appear that such an extraordinary state of facts was shown by the affidavits submitted upon the hearing of the extraordinary motion as would probably produce a different result if a new trial should be granted." Darby v. State, 24 Ga. App. 269 ( 100 S.E. 656). See also Rogers v. State, 129 Ga. 589 ( 59 S.E. 288); Thomas v. State, 19 Ga. App. 242 ( 91 S.E. 287); Moon v. State, 51 Ga. App. 70 ( 179 S.E. 589); Harrell v. State, 69 Ga. App. 482 ( 26 S.E.2d 151).

2. In the instant case, defendant in error relies upon the affidavit of N.C. Carroll, which in its general character was merely cumulative to the case heretofore presented, and impeaching, and this court can not say that the trial judge abused his discretion in overruling the extraordinary motion for a new trial. See Payne v. State, 74 Ga. App. 646 ( 40 S.E.2d, 759), for a statement of the case when previously before this court.

Judgment affirmed. MacIntyre, P. J. and Gardner, J. concur.

DECIDED OCTOBER 1, 1947.


Summaries of

Payne v. State

Court of Appeals of Georgia
Oct 1, 1947
44 S.E.2d 562 (Ga. Ct. App. 1947)
Case details for

Payne v. State

Case Details

Full title:PAYNE v. THE STATE

Court:Court of Appeals of Georgia

Date published: Oct 1, 1947

Citations

44 S.E.2d 562 (Ga. Ct. App. 1947)
44 S.E.2d 562