Tanner v. State

Hill, Presiding Justice.

Defendant appeals from the denial of his extraordinary motion for a new trial based on newly discovered evidence. This court affirmed his murder conviction and life sentence in Tanner v. State, 242 Ga. 437 (249 SE2d 238) (1978). Defendant’s earlier appeal did not raise the general grounds and thus, the facts were not detailed in that opinion. Since defendant now alleges newly discovered evidence, it is necessary to review the evidence at the original trial to determine the effect of the newly discovered evidence.

Edna Roper Pendley testified that she was an eyewitness…