8 Ga. App. 627 | Ga. Ct. App. | 1911
The defendant was indicted for a violation of the act of 1905 prohibiting drunkenness or intoxication in certain public places, and also within the curtilage of any private residence not in the exclusive possession of the person so intoxicated (Acts 1905, p. Ill); and he excepts to the judgment refusing his motion for a new trial. We shall not treat of those grounds of the motion which deal with the question of newly discovered evidence, not only because the testimony appears in the main to be merely cumulative and impeaching, but also because, under the view that we take of this case, a new trial will be granted, and the defendant will have an opportunity of presenting this testimony for whatever it is worth before another jury. A considerable part of the argument was addressed to the fact that one of the witnesses for the State was a woman of ill repute, and that the defendant should not have been convicted upon such testimony. In regard to this, we can only repeat what we have often said, that the credibility of the witnesses is a matter exclusively for the jury, and that a new trial can not be granted by this court merely because the witnesses supporting the finding rendered might appear to us unworthy of belief.
Judgment reversed.