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28 Ga. App. 641

Smith v. State

Court of Appeals of Georgia

Decided June 13, 1922

Court of Appeals of Georgia · decided 1922-06-13

<p>Conviction of assault with intent to rape; from Laurens superior court — Judge Kent. February 25, 1922.</p>

Decided 1922-06-13

Luke, J.

¶1The conviction of the defendant was fully authorized by the evidence.

¶2The assignment of error upon the court’s failure to continue the case is without merit.

¶3The newly discovered evidence falls within the rule that it is merely impeaching and would not likely produce a different result upon another trial.

¶4The defendant has had a legal trial, and it was not error to overrule the motion for a new trial.

¶5 Judgment affirmed.

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