Phillips v. State , 38 Ga. App. 181 ( 1928 )

Broyles, C. J.

1. The evidence amply authorized the jury to find that the plaintiff in error and his codefendants entered into a conspiracy to commit the robbery charged. Under tuis ruling the admission of the evidence and the charge of the court complained of in the motion for a new trial were not error for any reason assigned.

2. The alleged newly discovered evidence is cumulative and impeaching, and is not of such a character as would probably produce a different verdict upon another trial.

3. The verdict was authorized by the evidence and the refusal to grant a new trial was not error.

Judgment affirmed.

Luke and Bloodworth, JJ., concur. H. E. Elders, O. L. Gowari, for plaintiff in error. J. T. Grice, solicitor-general, contra.