State v. Gossett

Mobley, Justice.

The defendant was convicted, in 1947, of the murder of Leroy Hill. Her conviction was affirmed by this court in 1948 in Gossett v. State, 203 Ga. 692 (48 S. E. 2d 71). On September 30, 1958, counsel for the defendant filed an extraordinary motion for new trial based on newly discovered evidence. The exception is to the judgment of the trial court granting the defendant a new trial. The defendant filed a motion to dismiss the writ of error on the ground that the State cannot appeal from a judgment in favor of the defendant in a criminal case. Held:

The denial of a motion to…