History
  • No items yet
midpage
Michell v. Payne
47 S.E.2d 328
| Ga. Ct. App. | 1948
|
Check Treatment

"To render alleged newly discovered evidence available as cause for a new trial, it should appear that the evidence itself is newly discovered, not merely that certain named witnesses by whom the facts can be proved were unknown until after the trial." Burgess v. State, *Page 840 93 Ga. 304 (20 S.E. 331); Jinks v. State, 117 Ga. 714 (44 S.E. 814); Hubbard v. State, 57 Ga. App. 856 (197 S.E. 64); Watson v. State, 63 Ga. App. 252 (10 S.E.2d, 717); Edge v. State, 200 Ga. 258 (36 S.E.2d 673); Wright v. State, 49 Ga. App. 342 (175 S.E. 487). It therefore follows, on the foregoing principle, that where the newly discovered facts are not evidence, but merely the addresses of two resident witnesses, the court did not err in overruling the motion for a new trial based solely on the ground of newly discovered evidence.

Judgment affirmed. Sutton, C. J., and Parker, J.,concur.

DECIDED APRIL 10, 1948.

Case Details

Case Name: Michell v. Payne
Court Name: Court of Appeals of Georgia
Date Published: Apr 10, 1948
Citation: 47 S.E.2d 328
Docket Number: 31939.
Court Abbreviation: Ga. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.