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38 Ga. App. 181

Phillips v. State

Court of Appeals of Georgia

Decided May 15, 1928

Court of Appeals of Georgia · decided 1928-05-15

Decided 1928-05-15

Broyles, C. J.

¶11. The evidence amply authorized the jury to find that the plaintiff in error and his codefendants entered into a conspiracy to commit the robbery charged. Under tuis ruling the admission of the evidence and the charge of the court complained of in the motion for a new trial were not error for any reason assigned.

¶22. The alleged newly discovered evidence is cumulative and impeaching, and is not of such a character as would probably produce a different verdict upon another trial.

¶33. The verdict was authorized by the evidence and the refusal to grant a new trial was not error.

¶4Judgment affirmed.

Luke and Bloodworth, JJ., concur.H. E. Elders, O. L. Gowari, for plaintiff in error.J. T. Grice, solicitor-general, contra.
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