Patterson v. State

Felton, Justice.

The appellant was indicted, tried and convicted in the Superior Court of Gwinnett County for kidnapping and armed robbery and was sentenced to imprisonment for 6 years and for life, to be served concurrently, from which judgment no appeal was filed. The denial of his petition for the writ of habeas corpus was affirmed by this court. Patterson v. Smith, 227 Ga. 170 (179 SE2d 247). Thereafter, appellant filed an extraordinary motion for new trial, in which he attempted to raise for the first time the defense of alibi. From the overruling of this motion he appeals.

1. The four…