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Hall v. State

Hall v. State, 88 S.E. 595 (Ga. Ct. App. 1916)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
April 17, 1916
Docket
No. 7116
Judges
Wade
Citations
88 S.E. 59517 Ga. App. 8051916 Ga. App. LEXIS 941
Summary
Indictment for sale of liquor; from Ben Hill superior court— Judge George. November 16, 1915.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Wade

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Wade, J.

1. It is immaterial whether, in overruling the ground of the motion for a new trial relating to alleged newly discovered evidence, the trial judge based his ruling upon his estimate as to the credibility and value of that evidence in the light of a counter-showing by the State, since the evidence was merely impeaching in character, and it is a well-settled rule that newly discovered evidence tending merely to impeach a witness for the State is not a sufficient cause for the grant of a new trial.

2. The evidence authorized the verdict, and the trial judge did not err in overruling the motion for a new trial.

Judgment affirmed.

Russell, O. J., absent.

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