Briscoe v. State

• Decision Date: 08 October 1894
• Parties: BRISCOE et al. v. STATE.
• Court: Georgia Supreme Court

20 S.E. 211

95 Ga. 496

BRISCOE et al.

v.STATE.

Supreme Court of Georgia.

Oct. 8, 1894.

New Trial—Newlt-Discovered Evidence — Incompetency.

1. Newly-discovered evidence that another person has admitted that he and certain others committed the offense is no cause for a new trial, inasmuch as the admissions would not be competent evidence in behalf of the accused were a new trial ordered. Kelly v. State, 82 Ga. 441, 9 S. E. 171, and eases cited.

2. The evidence warranted the verdict, and there was no error in denying a new trial.

(Syllabus by the Court.)

Error from superior court, Floyd county; W. M. Henry, Judge.

Henry Briscoe and Colonel Mathis were convicted of a crime. A motion for a new trial, on the ground of newly-discovered evidence, was denied, and defendants bring error. Affirmed.

G. A. H. Harris and J. B. F. Lumpkin, for plaintiffs in error.

W. J. Nunnally, Sol. Gen., for the State.

PER CURIAM. Judgment affirmed.