Tyre v. State

The only special ground of the motion for a new trial is based upon the alleged relationship, within the prohibited degrees, of the prosecutor and one of the jurors who tried the case. This ground alleges that neither the accused nor his attorney knew of said relationship prior to the trial of the case, nor could either “have discovered the same sooner by the exercise of reasonable diligence.” In Wheeler v. Salinger, 33 Ga. App. 300 (9) (125 S. E. 888), this court held: “A bare recital in the affidavit of the movant or his counsel that the newly discovered evidence offered 'could not have…