2021 Georgia Code
Title 5 - Appeal and Error
Chapter 5 - New Trial
Article 2 - Grounds
§ 5-5-21. Verdict Against Weight of Evidence
The presiding judge may exercise a sound discretion in granting or refusing new trials in cases where the verdict may be decidedly and strongly against the weight of the evidence even though there may appear to be some slight evidence in favor of the finding.
(Ga. L. 1853-54, p. 46, § 3; Code 1863, § 3641; Code 1868, § 3666; Code 1873, § 3717; Code 1882, § 3717; Civil Code 1895, § 5482; Penal Code 1895, § 1058; Civil Code 1910, § 6087; Penal Code 1910, § 1085; Code 1933, § 70-206.)
Law reviews.- For survey of cases dealing with criminal law and criminal procedure from June 1, 1977 through May 1978, see 30 Mercer L. Rev. 27 (1978).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Judgment Notwithstanding Verdict
- Application
- Appeal or Certiorari From Denial of New Trial
RESEARCH REFERENCES
C.J.S.
- 23 C.J.S., Criminal Law, § 1973. 66 C.J.S., New Trial, §§ 117, 125, 237 et seq., 283.
ALR.
- Power of court to reduce or increase verdict without giving party affected the option to submit to a new trial, 53 A.L.R. 779; 95 A.L.R. 1163.
Power of trial court to dismiss defendant in criminal case for insufficiency of evidence after submitting case to jury or after verdict of guilty, 131 A.L.R. 187.
Court's power to grant new trial as to both defendants, over their objection, because of verdict holding employer and absolving employee for latter's negligence, 16 A.L.R.2d 969.
