Hanye v. Candler

• Decision Date: 02 September 1896
• Citation: 99 Ga. 214,25 S.E. 606
• Parties: HANYE. v. CANDLER, Judge.
• Court: Georgia Supreme Court

99 Ga. 214

25 S.E. 606

HANYE.

v.CANDLER, Judge.

Supreme Court of Georgia.

Sept. 2, 1896.

Homicide—New Trial—Newly-Discovered Evidence—Bill of Exceptions—Mandamus.

1.Where a motion for a new trial is based exclusively on the ground of newly-discovered evidence, and it appears that the evidence relied on is cumulative only, and would not probably produce a different result, the motion should be denied.

2.In the present case the vital and controlling issue contested at the trial was whether or not the accused struck the deceased with a knife while both were in a standing position.The accused introduced evidence tending to show he did not so strike, and which, if the same had been believed by the jury, would have established the truth of the accused's contention upon this point.The newly-discovered evidence on which the extraordinary motion for a new trial is based is on the same line, and, though more direct, is nevertheless only cumulative of the evidence introduced by the accused upon the issue above mentioned; and, in the face of...