Rogers v. State
37 Ga. App. 627 | Ga. Ct. App. | 1928
“Declarations oí a witness after trial, at variance with his sworn testimony, even when made under oath and explicity assorting that his testimony on the trial was false, do not constitute a cause for a new trial.” Smarr v. Kerlin, 21 Ga. App. 813 (2) (95 S. E. 306), and cit. A fortiori, such declarations are not cause for a new trial on an extraordinary motion therefor, such motions not being favored by the courts. Under the above-stated rulings and the facts of the
instant case, the overruling of the extraordinary motion for a new trial was-not error. Judgment affirmed.
