McMullen v. State

Where an extraordinary motion for new trial based upon newly discovered evidence is filed, and the State makes a counter-showing which contradicts the evidence upon which the motion is based, it is not an abuse of discretion for the trial judge to overrule the motion. Morris v. State, 177 Ga. 365 (170 S.E. 217), and cit.

Judgment affirmed. All the Justicesconcur.

No. 15446. MAY 9, 1946. REHEARING DENIED JUNE 6, 1946.

The accused was convicted of murder. The case was brought to this court and affirmed. See McMullen v. State, 199 Ga. 521 (34 S.E.2d 892). Subsequently an extraordinary motion for…