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72 Ga. App. 614

34 S.E.2d 642

Hembree v. State

Court of Appeals of Georgia

Decided June 23, 1945

Court of Appeals of Georgia · decided 1945-06-23

Relies on Ivey v. State · 55 Ga. App. 155 - Christie v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1945-06-23

How this case has been cited

Cited by 7 later decisions — most recently February 1961

7 state decisions

30194519501960decided

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.

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Broyles, C. J.

¶1 1. The evidence amply authorized the defendants conviction of the offense charged — larceny from the house.

¶2 2. Special ground 1 of the motion for new trial is merely an elaboration of the general grounds and is without merit.

¶3 3. The remaining special ground was based upon alleged newly discovered evidence, the evidence consisting of the testimony of one J. W. Gibson; and the movant failed to attach to said ground any affidavits as to the residence, the associates, the means of knowledge, the character, and the credibility of said Gibson, as required by § 70-205 of the Code. The judge, therefore, did not abuse his discretion in overruling that ground of the motion for new trial. Ivey v. State, 154 Ga. 63 (6) (113 S. E. 175); Christie v. State, 55 Ga. App. 155 (189 S. E. 378).

¶4 4. Complaint is made in the brief of counsel for the plaintiff in error of alleged errors in the charge of the court, but the record fails to show any exception whatever to such alleged errors.

¶5 Judgment affirmed.

MacIntyre and Gardner, JJ., concur.
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