Spence v. State

Hall, Justice.

This is an appeal from the denial of an extraordinary motion for new trial filed by Spence two years after his murder conviction, on the ground that he had just learned that the jury foreman was the father of the police officer who investigated the case for the state and appeared as one of the chief state’s witnesses.

Without the necessity for deciding whether, as the state argues, the defense attorney knew of or should have known of this relationship and waived any possible objection (see Williams v. State, 206 Ga. 107 (55 SE2d 589) (1949)), we conclude that no statutory ground…