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138 Ga. 815

Phillips v. State

Supreme Court of Georgia

Decided November 13, 1912

Supreme Court of Georgia · decided 1912-11-13

<p>Indictment for murder. Before Judge Thomas. Tift superior court. August 17, 1912.</p>

Relies on Perdue v. State · Grant v. State · Owens v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1912-11-13

How this case has been cited

Cited by 17 later decisions — most recently October 1964

17 state decisions

50191219201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Fish, C. J.

¶11. In so far as the request to charge correctly stated the law, it was fully and fairly covered by the instructions given the jury on the subject indicated in the request. Accordingly, the refusal to charge as requested was not cause for a new trial. Among the many decisions so holding are Owens v. State, 120 Ga. 205 (47 S. E. 513); Perdue v. State, 126 Ga. 112 (54 S. E. 820).

¶22. “If the newly discovered evidence [urged as a ground for new trial] is that of witnesses, affidavits as to their residence, associates, means of knowledge, character, and credibility must be adduced.” Civil Code, § 6086. If for no other reason, there was no abuse of discretion in refusing a new trial in this- case, in the absence of such affidavits. Grant v. State, 97 Ga. 789, 791 (25 S. E. 399).

¶33. The evidence authorized the verdict, and the court did not err m refusing a new trial. Judgment affirmed.

All the Justices concur.
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