Fetter v. State

Blackburn, Presiding Judge.

Kenneth Fetter appeals his conviction for burglary and theft by receiving, arguing that the court erred in denying his extraordinary motion for new trial based on newly discovered evidence. The record shows, however, that the evidence was not newly discovered, as Fetter was aware of the evidence prior to trial. Accordingly, we affirm.

Construed in favor of the verdict, the evidence shows that Fetter was convicted of burglary and theft by receiving based on the testimony of an accomplice, who was discovered in possession of many of the goods stolen from two…