TURNER v. STATE

34034.

86 Ga. App. 373 (1952)

71 S.E.2d 565

TURNER v. THE STATE.

Court of Appeals of Georgia.

Decided July 1, 1952.


Attorney(s) appearing for the Case

Colley & Orr, for plaintiff in error.

J. Cecil Davis, Solicitor-General, contra.


CARLISLE, J.

Where, upon an extraordinary motion for a new trial in a criminal case, based solely on the ground of newly discovered evidence, the State makes a counter-showing, and the trial court, as trior of the facts, is authorized to find from the affidavits and evidence submitted that the evidence was not newly discovered, but even if newly discovered, was merely impeaching in character, and there otherwise appears...

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