Montgomery v. State

McMurray, Judge.

Defendant was convicted on three separate indictments of aggravated assault. The aggravated assault charges arose when law enforcement officers responding to a disturbance near the American Legion building in Calhoun, Georgia, were fired upon, resulting in three police officers being wounded by shotgun pellets. Defendant’s joint motion for new trial was denied, and he appeals. Held:

1. "The rules relating to the grant of a new trial based on newly discovered evidence are: (1) that the evidence has come to the knowledge of the moving party since the trial; (2) that it was not…