Young v. State

Sognier, Judge.

Richard Junior Young was convicted on three counts of molesting his ten-year-old stepdaughter. He appeals from the denial of his motion for new trial.

1. Appellant contends he should have been granted a new trial pursuant to OCGA § 5-5-23 because of the existence of newly discovered evidence concerning the trial testimony of his daughter, Deanna Young, and physical and psychological tests performed on the victim.

To obtain a new trial on this basis, a movant must satisfy the court “(1) that the evidence has come to his knowledge since the trial; (2) that it was not owing to the…