Smith v. State

1. The sole special ground of the amended motion for a new trial which is insisted upon is on the ground of newly discovered evidence. The alleged newly discovered evidence is that of a witness whose affidavit is in the record, but there are no affidavits in support thereof as required by Code § 70-205. Accordingly, this ground cannot be considered. Winder v. State, 18 Ga. App. 67 (2) (88 S. E. 1003).

2. The sole contention of the plaintiff in error is that his brother, and not himself, is the man who sold the beer and wine to an employee of the State Revenue Department and this is a case of…