Wells v. State

1. The first special ground of the motion for a new trial is based upon alleged newly discovered evidence of S. F. Gordon. This evidence can not be newly discovered. The affidavit of Gordon shows that he was present prior to the trial and heard a conversation between the defendant and Jessie Zorn relative to the stolen property. See Steel v. State, 149 Ga. 134 (2) (99 S. E. 305). This ground of the motion is incomplete. In Kinnebrew v. State, 81 Ga. 765 (2) (7 S. E. 691), the Supreme Court said: “It is not sufficient for the accused to state in his affidavit that he did not know the facts so…