Sailers v. State

Court of Appeals of Georgia

Sailers v. State

85 S.E. 81, 16 Ga. App. 251, 1915 Ga. App. LEXIS 568

CourtCourt of Appeals of Georgia

DecidedMay 3, 1915

Docket6244

StatusPublished

This text of 85 S.E. 81 (Sailers 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

Sailers v. State, 85 S.E. 81, 16 Ga. App. 251, 1915 Ga. App. LEXIS 568 (Ga. Ct. App. 1915).

Pincite

Opinion

Russell, C. J.

The court did not err in overruling the defendant’s motion for a new trial, based upon newly discovered evidence. The affidavit of one of the alleged newly discovered witnesses contains testimony which is merely impeaching in its nature, while the other, besides being of a like nature, attempts to set forth the substance of a conversation and agreement between the prosecutor and the defendant in the presence of the witness before the trial, and therefore could not, as to the defendant, have been newly discovered. Judgment affirmed.

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Russell, C. J.

The court did not err in overruling the defendant’s motion for a new trial, based upon newly discovered evidence. The affidavit of one of the alleged newly discovered witnesses contains testimony which is merely impeaching in its nature, while the other, besides being of a like nature, attempts to set forth the substance of a conversation and agreement between the prosecutor and the defendant in the presence of the witness before the trial, and therefore could not, as to the defendant, have been newly discovered. Judgment affirmed.

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Bluebook (online)

85 S.E. 81, 16 Ga. App. 251, 1915 Ga. App. LEXIS 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sailers-v-state-gactapp-1915.