HAMILTON v. STATE

43883.

119 Ga. App. 196 (1969)

166 S.E.2d 735

HAMILTON et al. v. THE STATE.

Court of Appeals of Georgia.

Decided January 24, 1969.

Rehearing Denied February 13, 1969.


Attorney(s) appearing for the Case

Burch & Boswell, John S. Boswell, Sr., for appellants.

Marcus B. Calhoun, Solicitor General, for appellee.


WHITMAN, Judge.

1. E. J. Hamilton and his brother, Charles Hamilton, were convicted and sentenced to the penitentiary for the offense of accessory before the fact of burglary.

This appeal is from an order of the trial court overruling defendants' extraordinary motion for new trial. The same is enumerated as error.

2. "A new trial may be granted in all cases when any material evidence, not merely cumulative or impeaching in its character, but relating...

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