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28 Ga. App. 322

Durrence v. State

Court of Appeals of Georgia

Decided March 7, 1922

Court of Appeals of Georgia · decided 1922-03-07

<p>Accusation of possessing liquor; from city court of Blackshear — Judge Mitchell. October 22, 1921.</p>

Decided 1922-03-07

Luke, J.

¶1Upon conflicting evidence the jury were authorized to convict the accused of having violated the prohibition law as charged.

¶2The ground of the motion for a new trial, based upon alleged newly discovered evidence, falls squarely within the rules that where such evidence is merely cumulative and impeaching, and would not likely produce a different result upon another trial, it does not require a new trial. Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.
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