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75 Ga. 887

Herndon v. State

Supreme Court of Georgia

Decided January 26, 1886

Supreme Court of Georgia · decided 1886-01-26

<p>Judgment affirmed.</p>

Cited by 1 later decisions — most recently March 1910

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-01-26

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¶1Newly discovered evidence, the only purpose of which is to impeach the principal witness for the state in a criminal prosecution, is not alone sufficient to require this court to overrule the discretion of the presiding judge in refusing a new trial.

¶2(a.) In such cases, it would seem to be the safer course to sustain the newly discovered witness by the affidavits of persons who know his character, and who would testify to his uprightness. 68 Ga., 612.

¶3(6.) There is nothing in this record which would justify an interference with the verdict.

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