McDONALD v. STATE

73222.

180 Ga. App. 713 (1986)

350 S.E.2d 581

McDONALD v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied October 30, 1986.


Attorney(s) appearing for the Case

Frank K. Martin, for appellant.

William J. Smith, District Attorney, Bradford R. Pierce, Assistant District Attorney, for appellee.


Defendant seeks to directly appeal the denial of his extraordinary motion for new trial based on newly discovered evidence. Defendant's motion was filed and determined after the filing of his appeal from his trial and conviction of voluntary manslaughter. Since OCGA § 5-6-35 (a) (7) requires a discretionary application where there is an order in a criminal case denying an extraordinary motion for new trial when separate from an original appeal, this appeal is dismissed...

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