Stripling v. State

Shulman, Judge.

Defendant appeals his conviction of the offenses of theft by taking, theft by receiving stolen property, and possession of a motor vehicle with an altered serial number. We affirm.

1. In his first enumeration of error, defendant complains of the trial court’s failure to grant a new trial in the wake of allegedly newly discovered evidence. Since we cannot agree that the purported new evidence, that is, the testimony of an alleged alibi witness, rises to the level of or constitutes “newly discovered evidence,” we find no error.

“ ‘(I)t is incumbent on a party who asks for a new…