Daniel v. State

Court of Appeals of Georgia

Decided May 4, 1909

Court of Appeals of Georgia · decided 1909-05-04

<p>Indictment for selling liqnor, from Muscogee superior court— Judge Littlejohn presiding. March 12, 1909.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1909-05-04

How this case has been cited

Cited by 8 later decisions — most recently April 1965

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Powell, J.

¶11. The evidence authorized the verdict.

¶22. While a trial judge has the discretion to grant a new trial because of newly discovered evidence which is cumulative in its nature, yet his discretion in refusing to do so will not ordinarily be reversed; especially is this .true where the alleged newly discovered evidence bears upon its face indicia which tend so to discredit it that on another trial the result would probably not be changed.

¶33. Matters relating to the form or substance of the sentence can not legally be made grounds for a new trial. If the sentence is for any reason erroneous, the error can be corrected only by direct exception.

¶4Judgment affirmed.