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35 Ga. App. 499

Proctor v. State

Court of Appeals of Georgia

Decided June 15, 1926

Court of Appeals of Georgia · decided 1926-06-15

Relies on Ivey v. State · Hester v. State

Decided 1926-06-15

Beoyles, C. J.

¶11. An affidavit in support of the witness upon whose newly-discovered evidence a new trial is sought must give the names of his associates; and where it fails to do so, the trial judge does not abuse his discretion by refusing to grant a new trial on this ground. Ivey v. State, 154 Ga. 63 (6) (113 S. E. 175); Waller v. State, 34 Ga. App. 674 (131 S. E. 95). Under this ruling the court did not err in overruling grounds 4 and 5 of the amendment to the motion for a new trial.

¶22. Under the facts of the case the rejection of the testimony set forth in ground 6 of the amendment to the motion for a new trial does not require another hearing of the case.

¶33. The verdict was authorized by the evidence.

¶4 Judgment affirmed.

Luke and Bloodworth, JJ., concur.
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