Turner v. State

Cáeosle, J.

Where, upon an extraordinary motion for a new trial in a criminal case, based solely on the ground of newly discovered evidence, the State makes a counter-showing, and the. trial court, as trior of the facts, is authorized to find from the affidavits and evidence submitted that the evidence was not newly discovered, but even if newly discovered, was merely impeaching in character, and there otherwise appears no abuse of the trial court’s discretion, its judgment denying the extraordinary motion will not be disturbed by this court on appeal. Burgess v. State, 93 Ga. 304 (20 S. E.…