Lee v. State

139 S.E. 81, 37 Ga. App. 128, 1927 Ga. App. LEXIS 517
Court of Appeals of Georgia·Decided July 14, 1927·No. 18209·Published·Cited by 1 cases

Opinion

Bboyles, C. J.

1. The single ground of the amendment to the motion for a new trial was based upon the alleged newly discovered testimony. However, the ground was not accompanied by an affidavit of the witness, and no reason was given for its non-production. The ground, therefore, was fatally defective. Berry v. State, 10 Ga. 511 (14) ; Suggs v. Anderson, 12 Ga. 461 (3), 464; White v. Wallen, 17 Ga. 106 (2); Burge v. State, 133 Ga. 431 (2) (66 S. E. 243).

2. The verdict whs amply authorized by the evidence.

Judgment affirmed.

Lulce and Bloodworih, JJ., eoneur.

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Lee v. State, 139 S.E. 81, 37 Ga. App. 128, 1927 Ga. App. LEXIS 517 (Ga. Ct. App. 1927).

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