Rogers v. State

Court of Appeals of Georgia

Rogers v. State

141 S.E. 221, 37 Ga. App. 627, 1928 Ga. App. LEXIS 535

CourtCourt of Appeals of Georgia

DecidedJanuary 10, 1928

Docket18572

StatusPublished

Cited by1 cases

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Bluebook

Rogers v. State, 141 S.E. 221, 37 Ga. App. 627, 1928 Ga. App. LEXIS 535 (Ga. Ct. App. 1928).

Pincite

Opinion

Bkotles, C. J.

“Declarations oí a witness after trial, at variance with his sworn testimony, even when made under oath and explicity assorting that his testimony on the trial was false, do not constitute a cause for a new trial.” Smarr v. Kerlin, 21 Ga. App. 813 (2) (95 S. E. 306), and cit. A fortiori, such declarations are not cause for a new trial on an extraordinary motion therefor, such motions not being favored by the courts. Under the above-stated rulings and the facts of the

[628]*628Decided January 10, 1928. W. N. Oliver, for plaintiff in- error. Robert McMillan, solicitor-general, contra.

instant case, the overruling of the extraordinary motion for a new trial was-not error. Judgment affirmed.

Luke and Bloodworth, JJ., eonour.

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