Johnson v. State

Court of Appeals of Georgia

Johnson v. State

32 S.E.2d 927, 72 Ga. App. 78, 1945 Ga. App. LEXIS 503

CourtCourt of Appeals of Georgia

DecidedFebruary 6, 1945

Docket30723.

StatusPublished

Cited by1 cases

This text of 32 S.E.2d 927 (Johnson 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

Johnson v. State, 32 S.E.2d 927, 72 Ga. App. 78, 1945 Ga. App. LEXIS 503 (Ga. Ct. App. 1945).

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Opinion

Broyles, C. J.

The defendant was convicted of larceny from the house. Her amended motion for a new trial was based upon alleged newly discovered evidence, discovered since her trial, the evidence being set forth in the motion. The prosecutrix was the only witness against the accused and her evidence was in some aspects unsatisfactory and unconvincing as to the guilt of the defendant. We think that the accused and the jury should have the benefit of the newly discovered evidence on another trial; and that the refusal to grant a new trial was error.

Judgment reversed.

MacIntyre and Gardner, JJ., concur.

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Broyles, C. J.

The defendant was convicted of larceny from the house. Her amended motion for a new trial was based upon alleged newly discovered evidence, discovered since her trial, the evidence being set forth in the motion. The prosecutrix was the only witness against the accused and her evidence was in some aspects unsatisfactory and unconvincing as to the guilt of the defendant. We think that the accused and the jury should have the benefit of the newly discovered evidence on another trial; and that the refusal to grant a new trial was error.

Judgment reversed.

MacIntyre and Gardner, JJ., concur.

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Bluebook (online)

32 S.E.2d 927, 72 Ga. App. 78, 1945 Ga. App. LEXIS 503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-gactapp-1945.

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