Payne v. State

1. “The grant or refusal of an extraordinary motion for a new trial based upon the ground of newly discovered testimony, rests largely in the sound discretion of the trial judge; and this court will ndt interfere with the exercise of that discretion, where the newly discovered evidence is largely impeaching and cumulative in- character, and where it does not appear that such an extraordinary state of facts was shown by the affidavits submitted upon the hearing of the extraordinary motion as would probably produce a different result if a new trial should be granted.” Darby v. State, 24 Ga.…