Paden v. State
This text of 86 S.E. 287 (Paden 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.
Opinion
The newly discovered evidence offered in support of the motion for a new trial being of such a character as probably would cause a different result upon another investigation, the trial judge erred in overruling the motion. Although newly discovered evidence may be somewhat cumulative of testimony previously introduced, and impeaching in its character, the real ultimate criterion by which the merit of such testimony should be measured is the probability of a different result. Mitchell v. State, 6 Ga. App. 554 (4), 558 (65 S. E. 326); Nolan v. State, 14 Ga. App. 824 (82. S. E. 377), and citations.
Judgment reversed.
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Cite This Page — Counsel Stack
86 S.E. 287, 17 Ga. App. 112, 1915 Ga. App. LEXIS 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paden-v-state-gactapp-1915.