Durrence v. State

Court of Appeals of Georgia

Durrence v. State

111 S.E. 78, 28 Ga. App. 322, 1922 Ga. App. LEXIS 481

CourtCourt of Appeals of Georgia

DecidedMarch 7, 1922

Docket13087

StatusPublished

This text of 111 S.E. 78 (Durrence 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

Durrence v. State, 111 S.E. 78, 28 Ga. App. 322, 1922 Ga. App. LEXIS 481 (Ga. Ct. App. 1922).

Pincite

Opinion

Luke, J.

Upon conflicting evidence the jury were authorized to convict the accused of having violated the prohibition law as charged.

The ground of the motion for a new trial, based upon alleged newly discovered evidence, falls squarely within the rules that where such evidence is merely cumulative and impeaching, and would not likely produce a different result upon another trial, it does not require a new trial. Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.

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Luke, J.

Upon conflicting evidence the jury were authorized to convict the accused of having violated the prohibition law as charged.

The ground of the motion for a new trial, based upon alleged newly discovered evidence, falls squarely within the rules that where such evidence is merely cumulative and impeaching, and would not likely produce a different result upon another trial, it does not require a new trial. Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.

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Bluebook (online)

111 S.E. 78, 28 Ga. App. 322, 1922 Ga. App. LEXIS 481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/durrence-v-state-gactapp-1922.