39 Ga. App. 810

19682.

Smith v. The State.

Decided June 11, 1929.

P. M. Anderson, for plaintiff in error.

J. T. Grice, solicitor-general, contra.

Bloodworth, J.

1. So far as the alleged newly discovered evidence is material, it is cumulative and is impeaching in its' nature. Moreover, the State made a counter-showing; and when this is done, a reviewing court will not control the discretion of the trial judge, unless it is manifestly abused. It was not abused in this ease. Caswell v. State, 31 Ga. App. 178, 180 (120 S. E. 2d), and cit.

2. The evidence is sufficient to support the verdict.

Judgment affirmed.

Broyles, C. J., and Luke, J., concur.

Smith v. State
39 Ga. App. 810

Case Details

Name
Smith v. State
Decision Date
Jun 11, 1929
Citations

39 Ga. App. 810

Jurisdiction
Georgia

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