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36 Ga. App. 278

Durrence v. State

Court of Appeals of Georgia

Decided January 11, 1927

Court of Appeals of Georgia · decided 1927-01-11

Decided 1927-01-11

Luke, J.

¶11. As regards the alleged newly discovered evidence, the affidavits of both the defendant and his counsel fail to state that the evidence could not, by the exercise of ordinary diligence, have been discovered by them before the verdict. The court, therefore, had the discretion to overrule that ground of the motion for a new trial.

¶22. The verdict was amply authorized by the evidence.

¶3Judgment affirmed.

Broyles, C. J., concurs. Bloodworth, J., absent on account of illness.
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