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CARL v. STATE

No. A98A1198.

506 S.E.2d 207 (1998)

234 Ga. App. 61

CARL v. The STATE.

Court of Appeals of Georgia.

Certiorari Denied January 8, 1999.

Attorney(s) appearing for the Case

Strongwater & Cherniak, Leeza R. Cherniak, Atlanta, for appellant.

James R. Osborne, District Attorney, for appellee.

JOHNSON, Presiding Judge.

Richard John Carl, Jr. appeals his conviction of rape of a 14-year-old girl.

1. Carl contends that his motion for new trial should have been granted based on a claim of newly discovered evidence. We disagree.

A new trial should be granted due to newly discovered evidence when a defendant satisfies the six requirements of Timberlake v. State, 246 Ga. 488

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