Carl v. State

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, 491 (1) (271 SE2d 792) (1980). Among these requirements are that the evidence has come to defendant’s knowledge since trial, that it was not owing to the want of due diligence that he did not acquire it sooner, and that…