WHITT v. STATE

60551.

157 Ga. App. 10 (1981)

276 S.E.2d 64

WHITT v. THE STATE.

Court of Appeals of Georgia.

Decided January 6, 1981.


Attorney(s) appearing for the Case

William A. Wehunt, for appellant.

Frank C. Mills III, District Attorney, Rafe Banks III, Assistant District Attorney, for appellee.


SHULMAN, Presiding Judge.

Defendant appeals his conviction of the offense of aggravated sodomy. We affirm.

1. Appellant contends that the trial court erred in denying his extraordinary motion for new trial based upon newly discovered evidence. Some of the alleged newly discovered evidence pertained to the fact that the victim was acquainted with and had contact with a man (not the defendant) who was a "known" homosexual.

"`(I)t is incumbent on a party...

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