Miller v. State

• Decision Date: 03 March 1904
• Citation: 119 Ga. 561,46 S.E. 838
• Parties: MILLER. v. STATE.
• Court: Georgia Supreme Court

46 S.E. 838

119 Ga. 561

MILLER.

v.STATE.

Supreme Court of Georgia.

March 3, 1904.

CRIMINAL LAW—NEW TRIAL—DISCRETION OF TRIAL COURT.

1. The evidence fully authorized the verdict. All applications for new trials upon the ground of newly discovered evidence are addressed to the sound legal discretion of the trial judge; and, even if the newly discovered evidence relied on as a ground for a new trial was not cumulative in its nature, there is nothing in the record to indicate that the judge abused the discretion vested in him in overruling the motion on this ground.

(Syllabus by the Court.)

Error from Superior Court, Hart County; B. D. Evans, Judge.

Bill Miller was convicted of crime, and brings error. Affirmed.

A. G. & Julian McCurry, for plaintiff in error.

D. W. Meadow, Sol. Gen., for the State.

COBB, J. Judgment affirmed. All the Justices concurring, except SIMMONS, C J., absent on account of sickness.