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SMITH v. STATE

36727.

95 Ga. App. 775 (1957)

98 S.E.2d 606

SMITH v. THE STATE.

Court of Appeals of Georgia.

Decided May 17, 1957.

Attorney(s) appearing for the Case

Hollis Fort, Jr., for plaintiff in error.

Claude N. Morris, contra.

TOWNSEND, J.

1. The sole special ground of the amended motion for a new trial which is insisted upon is on the ground of newly discovered evidence. The alleged newly discovered evidence is that of a witness whose affidavit is in the record, but there are no affidavits in support thereof as required by Code § 70-205. Accordingly, this ground cannot be considered. Winder v. State, 18 Ga.App. 67 (2) (88 S. E. 1003).

2. The sole contention of...

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