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17 Ga. App. 805

Hall v. State

Court of Appeals of Georgia

Decided April 17, 1916

Court of Appeals of Georgia · decided 1916-04-17

<p>Indictment for sale of liquor; from Ben Hill superior court— Judge George. November 16, 1915.</p>

Decided 1916-04-17

Wade, J.

¶11. It is immaterial whether, in overruling the ground of the motion for a new trial relating to alleged newly discovered evidence, the trial judge based his ruling upon his estimate as to the credibility and value of that evidence in the light of a counter-showing by the State, since the evidence was merely impeaching in character, and it is a well-settled rule that newly discovered evidence tending merely to impeach a witness for the State is not a sufficient cause for the grant of a new trial.

¶22. The evidence authorized the verdict, and the trial judge did not err in overruling the motion for a new trial.

¶3 Judgment affirmed.

Russell, O. J., absent.
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