Brice v. State

Court of Appeals of Georgia

Brice v. State

127 S.E. 793, 33 Ga. App. 602, 1925 Ga. App. LEXIS 629

CourtCourt of Appeals of Georgia

DecidedMarch 27, 1925

Docket16208

StatusPublished

This text of 127 S.E. 793 (Brice 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

Brice v. State, 127 S.E. 793, 33 Ga. App. 602, 1925 Ga. App. LEXIS 629 (Ga. Ct. App. 1925).

Pincite

Opinion

Broyles, C. J.

1. A motion for a new trial based upon alleged newly discovered evidence -is fatally defective unless accompanied by an affidavit of counsel for tbe movant that he “did not know of the existence of such evidence before the trial, and that the same could not have been discovered by the exercise of ordinary diligence.” Civil Code (1910), § 6086. This ruling disposes of the amendment to the motion for a new trial.

2. The general grounds of the motion for a new trial, not having been argued or insisted upon in the brief of counsel for the plaintiff in error, are treated as abandoned.

Judgment affirmed.

Luke and Bloodworth, JJ., eoneur.

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Broyles, C. J.

1. A motion for a new trial based upon alleged newly discovered evidence -is fatally defective unless accompanied by an affidavit of counsel for tbe movant that he “did not know of the existence of such evidence before the trial, and that the same could not have been discovered by the exercise of ordinary diligence.” Civil Code (1910), § 6086. This ruling disposes of the amendment to the motion for a new trial.

2. The general grounds of the motion for a new trial, not having been argued or insisted upon in the brief of counsel for the plaintiff in error, are treated as abandoned.

Judgment affirmed.

Luke and Bloodworth, JJ., eoneur.

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Bluebook (online)

127 S.E. 793, 33 Ga. App. 602, 1925 Ga. App. LEXIS 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brice-v-state-gactapp-1925.