Byers v. State

The only ground of tbe motion for a new trial tliat is insisted upon in the brief of counsel for the plaintiff in error relates to alleged newly discovered evidence. The record shows that this alleged newly discovered evidence is that of witnesses who testified against the plaintiff in error in the investigation before a United States Commissioner in the presence of the plaintiff in error, and therefore can in no sense be “newly discovered evidence.” The mere fact that the defendant “did not know of its relevancy and importance” will not avail him. Fleming v. State, 31 Ga. App. 188 (93 S. E.…