Brannon v. State

Court of Appeals of Georgia

Brannon v. State

115 S.E. 281, 29 Ga. App. 311, 1922 Ga. App. LEXIS 267

CourtCourt of Appeals of Georgia

DecidedDecember 13, 1922

Docket13979

StatusPublished

This text of 115 S.E. 281 (Brannon 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

Brannon v. State, 115 S.E. 281, 29 Ga. App. 311, 1922 Ga. App. LEXIS 267 (Ga. Ct. App. 1922).

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Opinion

Broyles, C. J.

Under all the particular facts of the case, the court erred in excluding evidence, on the grounds stated, as complained of in grounds 1 and 4 (inclusive) of the amendment to the motion for a new trial. The case was a very close one upon the facts, and the rejected evidence, added to the evidence admitted, might have caused the jury to acquit the defendant. Another trial of the ease therefore is required. In view of this ruling it is unnecessary to consider the grounds of the motion for a new trial based upon alleged newly discovered evidence. .

Jtidgment reversed.

Luke and Bloodworth, JJ., concur.

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Broyles, C. J.

Under all the particular facts of the case, the court erred in excluding evidence, on the grounds stated, as complained of in grounds 1 and 4 (inclusive) of the amendment to the motion for a new trial. The case was a very close one upon the facts, and the rejected evidence, added to the evidence admitted, might have caused the jury to acquit the defendant. Another trial of the ease therefore is required. In view of this ruling it is unnecessary to consider the grounds of the motion for a new trial based upon alleged newly discovered evidence. .

Jtidgment reversed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

115 S.E. 281, 29 Ga. App. 311, 1922 Ga. App. LEXIS 267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brannon-v-state-gactapp-1922.