Public-domain · open source
OpenJurist

50 Ga. App. 243

Jackson v. State

Court of Appeals of Georgia

Decided October 15, 1934

Court of Appeals of Georgia · decided 1934-10-15

Cited by 2 later decisions — most recently July 1948

2 state decisions

Relies on Cox v. Hillyer · Norman v. Goode · Griffin v. Brand

Good law ✅— No negative treatment on recordhow we know

Decided 1934-10-15

View the full empirical analysis of this case →

Broyles, O. J.

¶11. “Extraordinary motions for new trials, based solely upon the ground of newly discovered evidence, are viewed by the courts with even less favor than original motions based on such a ground, a stricter rule being applied to the former (Norman v. Goode, 121 Ga. 449, 455, 49 S. E. 268), and such a motion is without merit when the alleged newly discovered evidence, although disclosing some facts not in evidence upon the original trial, is in its general character and bearing merely cumulative .to that previously presented, and would scarcely have produced a different result on the ordinary motion for a new trial. ‘Much less can it give to this proceeding the peculiar characteristic of being “an extraordinary motion.”’ Cox v. Hillyer, 65 Ga. 57; Griffin v. Brand, 18 Ga. App. 641 (90 S. E. 90).” Boatright v. Speer, 31 Ga. App. 194 (1).

¶22. Under the foregoing ruling and the facts of the instant case, the trial judge did not abuse his discretion in overruling the extraordinary motion for a new trial.

¶3Judgment affirmed.

MacIntyre and Guerry, JJ., concur.L. G. Harrell, E. J. Ennis, W. B. Kent, for plaintiff in error.M. H. Boyer, solicitor-general, contra.
/50/gaapp/243 · .json · Public domain