133 Ga. 431 | Ga. | 1909
George E. Burge was convicted of the murder of his wife, Lovie Burge, and sentenced to be hanged. In his motion for a new trial he alleged that the verdict should be vacated and a new trial ordered, for the reasons, that the verdict was against the weight of the evidence and without evidence to support it; that certain evidence was illegally admitted; and because of newly discovered evidence. His motion was denied, and he excepts.
(1) that the evidence has come to his knowledge since the trial;
(2) that it was not owing to the want of due diligence that he did not acquire it sooner; (3) that it is so material that it would probably produce a different verdict; (4) that it is not cumulative only; (5) that the affidavit of the witness himself should be procured or its absence accounted for; and that a new trial will not be granted if the only effect of the evidence will be to impeach the credit of a witness. On the trial the State produced as witnesses Frank Brittain and his sister (who was thirteen years old), who testified that they were in the room at the time their mother was slain by the accused. They were corroborated in several important particulars by other witnesses. The effect of the newly discovered evidence tends only to impeach the credit of Frank Brittain. Moreover the accused states in his motion that Justice and Palmer reside at certain street numbers in the city of Atlanta. He does not exhibit their affidavits or allege any excuse for his failure
Judgment affHa'med.