-
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.
Document Info
Docket Number: 7116
Citation Numbers: 17 Ga. App. 805, 88 S.E. 595, 1916 Ga. App. LEXIS 941
Judges: Wade
Filed Date: 4/17/1916
Precedential Status: Precedential
Modified Date: 10/19/2024