Kirk v. State

Court of Appeals of Georgia

Kirk v. State

72 S.E. 282, 9 Ga. App. 829, 1911 Ga. App. LEXIS 359

CourtCourt of Appeals of Georgia

DecidedOctober 10, 1911

Docket3600

StatusPublished

This text of 72 S.E. 282 (Kirk 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

Kirk v. State, 72 S.E. 282, 9 Ga. App. 829, 1911 Ga. App. LEXIS 359 (Ga. Ct. App. 1911).

Pincite

Opinion

Hill, C. J.

A new trial will not be granted because of alleged newly discovered testimony where one of the attorneys of record for the movant fails to submit an affidavit showing his ignorance of such testimony at the time of the trial, and no reason is given for such failure, and where the affidavit of the alleged newly discovered witness himself is not produced, nor his absence accounted for, and where the alleged newly discovered evidence is substantially cumulative in character, and would not tend to produce a different result on a second trial.

Judgment affirmed.

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Hill, C. J.

A new trial will not be granted because of alleged newly discovered testimony where one of the attorneys of record for the movant fails to submit an affidavit showing his ignorance of such testimony at the time of the trial, and no reason is given for such failure, and where the affidavit of the alleged newly discovered witness himself is not produced, nor his absence accounted for, and where the alleged newly discovered evidence is substantially cumulative in character, and would not tend to produce a different result on a second trial.

Judgment affirmed.

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Bluebook (online)

72 S.E. 282, 9 Ga. App. 829, 1911 Ga. App. LEXIS 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirk-v-state-gactapp-1911.