Napper v. State

Court of Appeals of Georgia

Napper v. State

67 S.E. 682, 7 Ga. App. 621, 1910 Ga. App. LEXIS 429

CourtCourt of Appeals of Georgia

DecidedApril 6, 1910

Docket2487

StatusPublished

This text of 67 S.E. 682 (Napper 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

Napper v. State, 67 S.E. 682, 7 Ga. App. 621, 1910 Ga. App. LEXIS 429 (Ga. Ct. App. 1910).

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Opinion

Hill, C. J.

1. The refusal to grant a new trial because of alleged newly discovered testimony in a homicide case will not be disturbed, where the new testimony was that of a witness who had testified before the coroner’s jury, and was contradictory of his previous testimony, and where the motion for a new trial was not supported by any showing by the defendant or his counsel, as to their diligence, or that before the trial they did not know of the alleged newly discovered evidence.

2. No error of law is complained of, and the verdict of manslaughter is amply supported by the evidence. Judgment affirmed.

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Hill, C. J.

1. The refusal to grant a new trial because of alleged newly discovered testimony in a homicide case will not be disturbed, where the new testimony was that of a witness who had testified before the coroner’s jury, and was contradictory of his previous testimony, and where the motion for a new trial was not supported by any showing by the defendant or his counsel, as to their diligence, or that before the trial they did not know of the alleged newly discovered evidence.

2. No error of law is complained of, and the verdict of manslaughter is amply supported by the evidence. Judgment affirmed.

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Bluebook (online)

67 S.E. 682, 7 Ga. App. 621, 1910 Ga. App. LEXIS 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/napper-v-state-gactapp-1910.