McBurney v. Richardson

Ground 4 of the motion for new trial as amended is based upon the ground of newly discovered evidence. There is no affidavit of counsel for the movant (defendant) attached to this ground showing that he did not know of the existence of this evidence prior to the trial of the case, and that it could not have been discovered by the exercise of ordinary diligence; therefore, this ground cannot be considered. Code § 70-205; Callahan v. State, 209 Ga. 211, 212 (71 S. E. 2d 86); Fairburn & Atlanta Ry. &c. Co. v. Hale, 32 Ga. App. 412, 413 (123 S. E. 724).

Ground 6 complains that the trial court…