Briscoe v. State
| Decision Date | 08 October 1894 |
| Citation | 20 S.E. 211,95 Ga. 496 |
| Parties | BRISCOE et al. v. STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
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 cases cited.
2. The evidence warranted the verdict, and there was no error in denying a new trial.
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.
Judgment affirmed.
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