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14 Ga. App. 472

Arnall v. State

Court of Appeals of Georgia

Decided April 18, 1914

Court of Appeals of Georgia · decided 1914-04-18

<p>Accusation of sale of liquor; from city court of Newnan — Judge Post. January 9, 1914.</p>

Relies on Roberts v. State · Hunt v. State · Hardy v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1914-04-18

How this case has been cited

Cited by 4 later decisions — most recently January 1970

4 state decisions

201914192019301940195019601970decided

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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Wade, J.

¶11. When alleged newly discovered evidence is largely impeaching in its character, and where it is apparent that by the exercise of ordinary diligence it could have been obtained in time for the trial, it is not an abuse of discretion on the part of the court to refuse a motion for a new trial based on such evidence. Roberts v. State, 3 Ga. 310; Campbell v. State, 100 Ga. 267 (28 S. E. 71); Hunt v. State, 81 Ga. 143 (5) (7 S. E. 142); Hardy v. State, 117 Ga. 40 (43 S. E. 434); Corley v. State, 87 Ga. 332 (13 S. E. 556).

¶22. A ground of a motion for new trial based upon the alleged relationship of jurors to an alleged prosecutor can not be considered unless supported by affidavits.

¶33. No error of law was committed upon the trial, the evidence authorized the verdict, and the discretion of the trial judge in refusing a new trial can not be disturbed. Judgment affirmed.

Roan, J., absent.
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