Johnson v. State

Full title: JOHNSON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 6, 1945

32 S.E.2d 927 (Ga. Ct. App. 1945)

72 Ga. App. 78

Opinion

30723.

DECIDED FEBRUARY 6, 1945.

Larceny; from Floyd city court — Judge Bale. October 21, 1944.

Mrs. Charles Camp, for plaintiff in error.

Lamar Camp, solicitor, contra.

BROYLES, C. J.

The defendant was convicted of larceny from the house. Her amended motion for a new trial was based upon alleged newly discovered evidence, discovered since her trial, the evidence being set forth in the motion. The prosecutrix was the only witness against the accused and her evidence was in some aspects unsatisfactory and unconvincing as to the guilt of the defendant. We think that the accused and the jury should have the benefit of the newly discovered evidence on another trial; and that the refusal to grant a new trial was error.

Judgment reversed. MacIntyre and Gardner, JJ., concur.

DECIDED FEBRUARY 6, 1945.