Proctor v. State
This text of 133 S.E. 656 (Proctor 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
1. An affidavit in support of the witness upon whose newly-discovered evidence a new trial is sought must give the names of his associates; and where it fails to do so, the trial judge does not abuse his discretion by refusing to grant a new trial on this ground. Ivey v. State, 154 Ga. 63 (6) (113 S. E. 175); Waller v. State, 34 Ga. App. 674 (131 S. E. 95). Under this ruling the court did not err in overruling grounds 4 and 5 of the amendment to the motion for a new trial.
2. Under the facts of the case the rejection of the testimony set forth in ground 6 of the amendment to the motion for a new trial does not require another hearing of the case.
3. The verdict was authorized by the evidence.
Judgment affirmed.
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Cite This Page — Counsel Stack
133 S.E. 656, 35 Ga. App. 499, 1926 Ga. App. LEXIS 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/proctor-v-state-gactapp-1926.