Wheeler v. State

Supreme Court of Georgia

Wheeler v. State

100 S.E. 568, 149 Ga. 473, 1919 Ga. LEXIS 270

CourtSupreme Court of Georgia

DecidedOctober 14, 1919

DocketNo. 1472

StatusPublished

Cited by13 cases

This text of 100 S.E. 568 (Wheeler v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wheeler v. State, 100 S.E. 568, 149 Ga. 473, 1919 Ga. LEXIS 270 (Ga. 1919).

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Opinion

Gilbert, J.

1. “Evidence that one of the State’s witnesses since the trial has made declarations, even though - under oath, that his testimony given upon the trial was false, is not cause for a new trial.” Johnson v. State, 149 Ga. 214 (99 S. E. 609), and authorities cited. More especially is this true where the motion for new trial is made on extraordinary grounds, as in the present case.

2, “The extraordinary motions or cases contemplated hy the statute are such as do not ordinarily occur in the transaction of human affairs; as, when a man has been convicted of murder and it afterwards appears that the supposed deceased is still alive, or where one is convicted on the testimony of a witness who is subsequently found guilty of perjury in giving that testimony, or where there has been some providential cause, and cases of like character.” Cox v. Hillyer, 65 Ga. 57; Harris v. Roan, 119 Ga. 379 (46 S. E. 433).

Judgment affirmed.

All the Justices concur.

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Gilbert, J.

1. “Evidence that one of the State’s witnesses since the trial has made declarations, even though - under oath, that his testimony given upon the trial was false, is not cause for a new trial.” Johnson v. State, 149 Ga. 214 (99 S. E. 609), and authorities cited. More especially is this true where the motion for new trial is made on extraordinary grounds, as in the present case.

2, “The extraordinary motions or cases contemplated hy the statute are such as do not ordinarily occur in the transaction of human affairs; as, when a man has been convicted of murder and it afterwards appears that the supposed deceased is still alive, or where one is convicted on the testimony of a witness who is subsequently found guilty of perjury in giving that testimony, or where there has been some providential cause, and cases of like character.” Cox v. Hillyer, 65 Ga. 57; Harris v. Roan, 119 Ga. 379 (46 S. E. 433).

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

100 S.E. 568, 149 Ga. 473, 1919 Ga. LEXIS 270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-state-ga-1919.

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