Rivers v. State

• Decision Date: 31 January 1911
• Docket Number: 3,112.
• Parties: RIVERS v. STATE.
• Court: Georgia Court of Appeals

70 S.E. 50

8 Ga.App. 703

RIVERS v. STATE.

No. 3,112.

Court of Appeals of Georgia

January 31, 1911

Syllabus by the Court.

The evidence authorized the conviction.

The charge of the trial judge to the jury upon the subject of the necessity for corroboration of the female alleged to have been assaulted was more favorable than the defendant was entitled to. The jury had the right to believe the testimony of the prosecutrix, even if not corroborated. Fields v. State, 2 Ga.App. 41, 58 S.E. 327.

The affidavits submitted in support of that ground of the motion for new trial which was based upon alleged newly discovered evidence were met by a counter showing which contradicted the truth of the newly discovered testimony; and upon the showing made it cannot be said that the judge abused his discretion in refusing to grant a new trial.

Error from Superior Court, Worth County; T. A. Parker, Judge.

Need Rivers was convicted of crime, and he brings error. Affirmed.

R. S. Foy and J. H. Tipton, for plaintiff in error.

W. E. Wooten, Sol. Gen., and F. A. Hooper, for the State.

RUSSELL, J.

Judgment affirmed.