GRAHAM v. STATE

34287.

86 Ga. App. 896 (1952)

73 S.E.2d 46

GRAHAM v. THE STATE.

Court of Appeals of Georgia.

Decided October 15, 1952.


Attorney(s) appearing for the Case

Gibson & Maddox, R. A. Moore, Elie Holton, for plaintiff in error.

J. R. Walker, Solicitor-General, Kopp & Peavy, Dewey Hayes, contra.


CARLISLE, J.

1. "Where, from the affidavits submitted in connection with a motion for a new trial, based on newly discovered evidence, it appears that the testimony relates to material facts which, upon another investigation, would likely produce a different result, and could not by the exercise of ordinary diligence, have been obtained at the trial, a new trial should be granted. This is true even though it be impeaching...

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