Barney v. State

Court of Appeals of Georgia

Barney v. State

159 S.E. 138, 43 Ga. App. 441, 1931 Ga. App. LEXIS 413

CourtCourt of Appeals of Georgia

DecidedJune 10, 1931

Docket21505

StatusPublished

This text of 159 S.E. 138 (Barney 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

Barney v. State, 159 S.E. 138, 43 Ga. App. 441, 1931 Ga. App. LEXIS 413 (Ga. Ct. App. 1931).

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Opinion

Broyles, G. J.

1. The alleged newly discovered evidence is cumulative and impeaching, and this court can not hold that the trial judge abused his discretion in overruling the grounds of the motion for a new trial based thereon.

2. While the evidence as to the defendant’s guilt was in acute conflict, there was some evidence authorizing the verdict returned, and, the finding of the jury having been approved by the judge and no error of law appearing, this court is without authority to interfere.

Judgment affirmed.

Luhe, J., concurs. Bloodworth, J., absent on account of illness. William B. Kent, for plaintiff in error. M. H. Boyer, solicitor-general, contra.

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Broyles, G. J.

1. The alleged newly discovered evidence is cumulative and impeaching, and this court can not hold that the trial judge abused his discretion in overruling the grounds of the motion for a new trial based thereon.

2. While the evidence as to the defendant’s guilt was in acute conflict, there was some evidence authorizing the verdict returned, and, the finding of the jury having been approved by the judge and no error of law appearing, this court is without authority to interfere.

Judgment affirmed.

Luhe, J., concurs. Bloodworth, J., absent on account of illness. William B. Kent, for plaintiff in error. M. H. Boyer, solicitor-general, contra.

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Bluebook (online)

159 S.E. 138, 43 Ga. App. 441, 1931 Ga. App. LEXIS 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barney-v-state-gactapp-1931.