18 S.E.2d 684 | Ga. | 1942
1. After the accused has been convicted of the crime of which he was charged, and has made a motion for a new trial, and the judgment denying it has been affirmed by this court, when an extraordinary motion for a new trial is made, based on the ground of newly discovered evidence, it should be made to appear that such evidence is so material that it would probably produce a different result on another trial. Young
v. State,
2. Such an extraordinary motion is addressed to the sound discretion of the trial judge, and a refusal to sustain it will not be reversed unless such discretion is abused. Brown v. State, supra.
3. A consideration of the evidence produced on the trial is necessary to determine whether the alleged newly discovered evidence would be likely to produce a different result; and since the present record does not contain a brief of such evidence, it can not be said that the judge abused his discretion in refusing to sustain the motion.
Judgment affirmed. All the Justicesconcur.