Corn v. State, 53960
| Decision Date | 24 June 1977 |
| Docket Number | No. 53960,No. 2,53960,2 |
| Parties | Eugene CORN v. The STATE |
| Court | Georgia Court of Appeals |
Smith & Bell, Harmon T. Smith, Jr., William W. Bell, Jr., Gainesville, for appellant.
V. D. Stockton, Dist. Atty., Michael H. Crawford, Asst. Dist. Atty., Clayton, for appellee.
This appeal is from a conviction for simple battery.
1. Appellant contends that the court denied him a thorough and sifting cross examination of a state witness. In a colloquy with the judge, defense counsel explained why he was pursuing the line of questioning to which objection had been made and sustained. However, the point he wanted made had been thoroughly covered in earlier testimony by that witness in response to questions from defense counsel. Garrett v. State, 141 Ga.App. 584(2), 234 S.E.2d 161, 162.
2. Within two hours of his arrest, appellant signed a waiver of commitment hearing and was released on bail. He now enumerates as error the denial of a commitment hearing within 72 hours of his arrest, claiming that he suffered an epileptic seizure while in custody and was in no condition to intelligently waive his right to a commitment hearing. This enumeration has no merit. "(I) n no event will we overturn a conviction on direct appeal . . . because a commitment hearing was denied appellant." State v. Middlebrooks, 236 Ga. 52, 55, 222 S.E.2d 343, 346. See also Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54.
After a conviction, appellant moved for a new trial on the ground of newly discovered evidence. Attached to the motion was an affidavit of a witness to the altercation. That affidavit supported some of the testimony of appellant and tended to impeach that of the state's main witness, the victim. But it is not so material that it would presumably produce a different result. Bell v. State, 227 Ga. 800, 183 S.E.2d 357. In fact, although it is supportive of appellant's version of the events preceding the fight, the new evidence also tends to show that the assault was not the result of abusive language directed toward appellant, as he had contended. The new witness avers that he observed appellant argue with the victim, then neatly fold his coat and place it on top of a car, continue the argument, remove his wristwatch, argue some more...
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...requirements must be complied with to secure a new trial. Offutt v. State, 238 Ga. 454, 455 (233 SE2d 191) (1977); Corn v. State, 142 Ga.App. 798, 799 (237 SE2d 203) (1977)." Timberlake v. State, 246 Ga. 488, 490(1), 491, 271 S.E.2d 792. In the case sub judice, pretermitting the materiality......
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Timberlake v. State
...requirements must be complied with to secure a new trial. Offutt v. State, 238 Ga. 454, 455, 233 S.E.2d 191 (1977); Corn v. State, 142 Ga.App. 798, 799, 237 S.E.2d 203 (1977). Implicit in these six requirements is that the newly discovered evidence must be admissible as evidence. The eviden......
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...requirements must be complied with to secure a new trial. Offutt v. State, 238 Ga. 454, 455 (233 SE2d 191) (1977); Corn v. State, 142 Ga.App. 798, 799 (237 SE2d 203) (1977)." Timberlake v. State, 246 Ga. 488, 490(1), 491, 271 S.E.2d The evidence upon which defendant relies shows a physical ......