Heard v. State

Court of Appeals of Georgia

Heard v. State

127 S.E. 479, 33 Ga. App. 597, 1925 Ga. App. LEXIS 622

CourtCourt of Appeals of Georgia

DecidedMarch 27, 1925

Docket16165

StatusPublished

This text of 127 S.E. 479 (Heard 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

Heard v. State, 127 S.E. 479, 33 Ga. App. 597, 1925 Ga. App. LEXIS 622 (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 the 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 tlie exercise of ordinary diligence.” Civil Code (1910), § 6086. The court therefore did not err in overruling the ground based upon sueli evidence.

2. The other special grounds of the motion for a new trial, complaining of rulings upon the admissibility of evidence, but not showing that objection to it was made at the trial, are too incomplete to he considered by this court.

3. The,verdict was authorized by the evidence, and the refusal to,grant a new trial was not error.

Judgment affirmed.

Luhe and Bloodworlh, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI