176 Ga. 135 | Ga. | 1932
Tom Cole was convicted of the murder of Brown Mason, without a recommendation, and was sentenced to death. His motion for a new trial, based on the general grounds and on the ground of newly discovered evidence, was overruled, and he excepted.
Nezzie Hall, for the State, testified in part: “Me and Brown
Under the rule referred to in the second headnote, and the failure of the movant to vouch for the “residence, associates, means of knowledge, character and credibility” of the witnesses as to the alleged newly discovered evidence, the trial judge was not required to consider the affidavits alleging newly discovered evidence. In these circumstances we can not hold that the court erred in overruling the motion for a new trial.
Judgment affirmed.