Drake v. State

Court of Appeals of Georgia

Drake v. State

111 S.E. 685, 28 Ga. App. 475, 1922 Ga. App. LEXIS 621

CourtCourt of Appeals of Georgia

DecidedApril 11, 1922

Docket13327

StatusPublished

This text of 111 S.E. 685 (Drake 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

Drake v. State, 111 S.E. 685, 28 Ga. App. 475, 1922 Ga. App. LEXIS 621 (Ga. Ct. App. 1922).

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Opinion

Broyles, C. J.

1. The court did not err in overruling those grounds of the motion for a new trial which were based upon alleged newly discovered evidence, it not appearing by affidavit of the accused and his counsel that they did not know of the existence of such evidence before the trial. Park’s Ann. Code, § 6086.

2. The verdict was authorized by the evidence, and, having been approved by the trial judge, and no error of- law appearing, this court is without authority to interfere.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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Broyles, C. J.

1. The court did not err in overruling those grounds of the motion for a new trial which were based upon alleged newly discovered evidence, it not appearing by affidavit of the accused and his counsel that they did not know of the existence of such evidence before the trial. Park’s Ann. Code, § 6086.

2. The verdict was authorized by the evidence, and, having been approved by the trial judge, and no error of- law appearing, this court is without authority to interfere.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

111 S.E. 685, 28 Ga. App. 475, 1922 Ga. App. LEXIS 621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drake-v-state-gactapp-1922.