Stevens v. State

Whitman, Judge.

1. This is an appeal from the denial of an extraordinary motion for new trial made upon the ground of newly discovered evidence.

*103Appellant was tried on an indictment charging him with murder in the killing of his wife by the use of a .22 caliber rifle. He was found guilty of involuntary manslaughter in the commission of an unlawful act and sentenced to imprisonment for a period of five years. Appellant’s motion for new trial, as amended, was denied and that judgment was affirmed by this court. See Stevens v. State, 117 Ga. App. 41 (159 SE2d 456).

There were no eyewitnesses, and…