Wheeler v. State
| Decision Date | 14 October 1919 |
| Docket Number | 1472. |
| Parties | WHEELER v. STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
"Evidence that one of the state's witnesses since the trial has made declarations, even though under oath, that his testimony given upon the trial was false, is not cause for a new trial." Johnson v. State, 149 Ga. 214, 99 S.E. 609, and authorities cited. More especially is this true where the motion for new trial is made on extraordinary grounds, as in the present case.
"The extraordinary motions or cases contemplated by the statute are such as do not ordinarily occur in the transaction of human affairs, as when a man has been convicted of murder, and it afterwards appears that the supposed deceased is still alive, or where one is convicted on the testimony of a witness who is subsequently found guilty of perjury in giving that testimony, or where there has been some providential cause, and cases of like character." Cox v. Hillyer, 65 Ga. 57; Harris v. Roan, 119 Ga. 379, 46 S.E. 433.
Error from Superior Court, Wilkes County; B. F. Walker, Judge.
Proceeding between the State and Watson Wheeler. From the judgment, and the denial of his motion for new trial, Wheeler brings error. Affirmed.
See, also, 148 Ga. 508, 97 S.E. 408.
Hugh E. Combs and Colley & Colley, all of Washington, Ga., for plaintiff in error.
R. C. Norman, Sol. Gen., of Washington, Ga., Clifford Walker, Atty. Gen., and M. C. Bennet, of Atlanta, for the State.
Judgment affirmed. All the Justices concur.
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Harris v. State, 25248
... ... Hillyer, 65 Ga. 57, 60; Harris v. Roan, 119 Ga. 379(2), 46 S.E. 433; Wheeler" v. State, 149 Ga ... 473(2), 100 S.E. 568; Harris v. State, 150 Ga. 680, 681, 104 S.E. 902; Coggeshall v. Park, 162 Ga. 78(2), 132 S.E. 632 ... \xC2" ... ...
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Downer v. Dunaway
...and cases of like character." Cox v. Hillyer, 65 Ga. 57. To the same effect are Harris v. Roan, 119 Ga. 379, 46 S. E. 433; Wheeler v. State, 149 Ga. 473, 100 S. E. 568. An extraordinary motion for a new trial cannot be made to take the place of an ordinary motion therefor, or to excuse the ......
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Coggeshall v. Park
... ... State, 117 Ga. 719, 45 S.E. 77; Norman ... v. Goode, 121 Ga. 449, 40 S.E. 268; Burge v ... State, 133 Ga. 431, 66 S.E. 243; Bass v. State, ... 154 Ga ... character. Malone v. Hopkins, 49 Ga. 221; Cox v ... Hillyer, 65 Ga. 57; Harris v. Roan, 119 Ga ... 379, 46 S.E. 433; Wheeler v. State, 149 Ga. 473, 100 ... S.E. 568; Harris v. State, 150 Ga. 680, 682, 104 ... S.E. 902 ... 3. To ... disqualify a juror ... ...
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Tyre v. State, (No. 18849.)
...of like character. Malone v. Hopkins, 49 Ga. 221; Cox v. Hillyer, 65 Ga. 57; Harris v. Roan, 119 Ga. 379 (46 S. E. 433); Wheeler v. State, 149 Ga. 473 (100 S. E. 568); Harris v. State, 150 Ga. 680, 682 (104 S. E. 902)." Coggeshall v. Park, 162 Ga. 79 (2), 132 S. E. 634; Lawhorn v. State, 15......