Mason v. State

Court of Appeals of Georgia

Mason v. State

86 S.E. 1072, 17 Ga. App. 377, 1915 Ga. App. LEXIS 432

CourtCourt of Appeals of Georgia

DecidedNovember 20, 1915

Docket6521

StatusPublished

Cited by2 cases

This text of 86 S.E. 1072 (Mason 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

Mason v. State, 86 S.E. 1072, 17 Ga. App. 377, 1915 Ga. App. LEXIS 432 (Ga. Ct. App. 1915).

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Opinion

Russeli, C. J.

The motion for a new trial was based on the general grounds and on the further ground of alleged newly discovered evidence. As to the general grormds, the evidence in behalf of the State, if credited by the jury, demanded a verdict of guilty, and the credit to be attached to the testimony of the witness for the State was for the jury, even though he was interested in the result of the prosecution. As to the ground based upon alleged newly-discovered testimony, not only would it seem that at the time of the trial the defendant would -have known that he was in company with the newly-discovered witness on the day in question, and therefore the evidence could not be said to be newly discovered, but it further appears that the new witness was not properly vouched for as required by the Civil Code, § 6086.

Judgment affirmed.

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Russeli, C. J.

The motion for a new trial was based on the general grounds and on the further ground of alleged newly discovered evidence. As to the general grormds, the evidence in behalf of the State, if credited by the jury, demanded a verdict of guilty, and the credit to be attached to the testimony of the witness for the State was for the jury, even though he was interested in the result of the prosecution. As to the ground based upon alleged newly-discovered testimony, not only would it seem that at the time of the trial the defendant would -have known that he was in company with the newly-discovered witness on the day in question, and therefore the evidence could not be said to be newly discovered, but it further appears that the new witness was not properly vouched for as required by the Civil Code, § 6086.

Judgment affirmed.

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Bluebook (online)

86 S.E. 1072, 17 Ga. App. 377, 1915 Ga. App. LEXIS 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-state-gactapp-1915.

Opinion

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