Smith v. State

148 S.E. 601, 39 Ga. App. 810, 1929 Ga. App. LEXIS 564
Procedural entryThis page is a short order in Smith v. State. Read the opinion of the Court — 38 Ga. App. 366
Court of Appeals of Georgia·Decided June 11, 1929·No. 19682·Published

Opinion

Bloodworth, J.

1. So far as the alleged newly discovered evidence is material, it is cumulative and is impeaching in its' nature. Moreover, the State made a counter-showing; and when this is done, a reviewing court will not control the discretion of the trial judge, unless it is manifestly abused. It was not abused in this ease. Caswell v. State, 31 Ga. App. 178, 180 (120 S. E. 2d), and cit.

2. The evidence is sufficient to support the verdict.

Judgment affirmed.

Broyles, C. J., and Luke, J., concur.

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Smith v. State, 148 S.E. 601, 39 Ga. App. 810, 1929 Ga. App. LEXIS 564 (Ga. Ct. App. 1929).

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Related

Caswell v. State
120 S.E. 21 (Court of Appeals of Georgia, 1923)