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7 Ga. App. 690

Smith v. State

Court of Appeals of Georgia

Decided April 19, 1910

Court of Appeals of Georgia · decided 1910-04-19

<p>Indictment for sale of liquor; from Floyd superior court— Judge Maddox. February 18, 1910.</p>

Cited by 3 later decisions — most recently May 1916

3 state decisions

Relies on Polite v. State · 3 Ga. App. 448 - Fort v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1910-04-19

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Hill, O. J.

¶11. The discretion of tlie trial court in refusing to grant a new trial on the ground of newly discovered evidence will not be disturbed, where the testimony alleged as newly discovered is simply impeaching in character, and where no affidavits are presented showing the good character of the witnesses who will give the new evidence. Fort v. State, 3 Ga. App. 448 (60 S. E. 282) ; 14 Michie’s Dig. Ga. R. 400; Polite v. State, 78 Ga. 347 (3).

¶22. No error of law in the trial of the ease is complained of, and the evidence supports the verdict. Judgment affirmed.

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