Aldridge v. State

Court of Appeals of Georgia

Aldridge v. State

83 S.E. 445, 15 Ga. App. 397, 1914 Ga. App. LEXIS 127

CourtCourt of Appeals of Georgia

DecidedNovember 17, 1914

Docket5886

StatusPublished

This text of 83 S.E. 445 (Aldridge v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aldridge v. State, 83 S.E. 445, 15 Ga. App. 397, 1914 Ga. App. LEXIS 127 (Ga. Ct. App. 1914).

Pincite

Opinion

Russell, C. J.

Motions for new trial based upon newly discovered testimony are not favored by law, and a new trial should not be granted upon this ground when it is plain that the evidence alleged to be newly discovered could, by the exercise of ordinary diligence, have been, produced at the trial. In the present case the court did not err in determining that the defendant could, by the exercise of ordinary diligence, have discovered and produced at the trial the testimony which .after conviction was brought to. light by post-mortem diligence.

Judgment affirmed.

Broyles, J., not presiding.

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Russell, C. J.

Motions for new trial based upon newly discovered testimony are not favored by law, and a new trial should not be granted upon this ground when it is plain that the evidence alleged to be newly discovered could, by the exercise of ordinary diligence, have been, produced at the trial. In the present case the court did not err in determining that the defendant could, by the exercise of ordinary diligence, have discovered and produced at the trial the testimony which .after conviction was brought to. light by post-mortem diligence.

Judgment affirmed.

Broyles, J., not presiding.

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Bluebook (online)

83 S.E. 445, 15 Ga. App. 397, 1914 Ga. App. LEXIS 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aldridge-v-state-gactapp-1914.