Phillips v. State

• Court: Georgia Court of Appeals
• Citation: Phillips v. State, 56 Ga.App. 463, 192 S.E. 840 (Ga. App. 1937)
• Decision Date: 25 September 1937
• Docket Number: 26423.
• Parties: PHILLIPS v. STATE.

192 S.E. 840

56 Ga.App. 463

PHILLIPS v. STATE.

No. 26423.

Court of Appeals of Georgia, First Division

September 25, 1937

Syllabus by Editorial Staff.

Credibility of conflicting facts and contradictory witnesses offered in support of and in opposition to motion for new trial for newly discovered evidence is for trial, not reviewing court.

Error from Superior Court, Cook County; W. R. Smith, Judge.

S. H Phillips brings error.

Affirmed.

J. P Tomlinson, and H. W. Nelson, both of Adel, for plaintiff in error.

H. C Morgan, Sol. Gen., of Homerville, for the State.

Syllabus OPINION.

GUERRY Judge.

"Upon the hearing of a motion for new trial, and in the consideration of a ground of the motion, dependent upon newly discovered evidence, where affidavits are introduced supporting and disputing the ground of the motion, the trial judge is the trior of the facts, and it is his province to determine the credibility of the conflicting facts and contradictory witnesses. A reviewing court will not in any such case control his discretion as to the comparative credibility of the witnesses who testified in support of the motion and those who swore to the contrary." Fouraker v. State, 4 Ga.App. 692, 62 S.E. 116; Central of Ga. Ry. Co. v. Clark, 15 Ga.App. 16, 82 S.E. 600; Tyre v. State, 38 Ga.App. 206, 143 S.E. 778; Rowland v. State, 38 Ga.App. 664(1), 145 S.E. 100. Under the showing made by the defendant and the counter showing made by the State, the above principle is controlling in this case. The court did not err in...