Miller v. State

Court of Appeals of Georgia

Miller v. State

111 S.E. 691, 28 Ga. App. 469, 1922 Ga. App. LEXIS 613

CourtCourt of Appeals of Georgia

DecidedApril 11, 1922

Docket13304

StatusPublished

This text of 111 S.E. 691 (Miller 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

Miller v. State, 111 S.E. 691, 28 Ga. App. 469, 1922 Ga. App. LEXIS 613 (Ga. Ct. App. 1922).

Pincite

Opinion

Luke, J.

1. The alleged newly discovered evidence is cumulative and impeaching, and would not likely produce a different result upon another trial.

2. The ground of the motion for a new trial which complains that it was not shown that the shot-gun with which the prosecutor was shot was a weapon likely to produce death is without merit.

3. The ground of the motion for a new trial which complains of the court’s ruling upon the admissibility of evidence falls within the rule announced in Wynne v. State, 123 Ga. 566 (1) (51 S. E. 636).

4. Upon conflicting evidence the jury were authorized to return a verdict of guilty. It was not error for any reason assigned to overrule the motion for a new trial.

Judgment affirmed.

Broyles, C. J., and Bloodworth, J., oonour. Titus & Dekle, for plaintiff in error. C. E. Hay, solicitor-general, contra.

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