Smith v. State

A brief of evidence is essential to the validity of a motion for a new trial (Code, § 70-301; Herb v. Wolfe, 75 Ga. App. 20 (2), 41 S. E. 2d, 817; Dobbs v. Sims, 74 Ga. App. 1, 38 S. E. 2d, 680); and as the statute is imperative, not mentioning any excuse whatever, it contemplates that the movant can and must comply with its terms, irrespective of whether the official reporter has written out his report of the evidence or not (Vinson v. State, 53 Ga. App. 224, 185 S. E. 529); and where, on trial -and conviction of involuntary manslaughter, *704the defendant made a motion for new trial on October…