Kryder v. State

We have given the gist of the evidence on the trial and that of the affidavit of Vel Sewell briefly, but we think fully. The grant of an extraordinary motion for a new trial on newly discovered evidence is discretionary with the trial court, and its judgment will not be disturbed in the absence of an abuse of this discretion. Rogers v. State, 129 Ga. 589 (4) (59 S. E. 288); Brown v. State, 141 Ga. 783 (82 S. E. 238); Towler v. State, 24 Ga. App. 362 (100 S. E. 787). The statute contemplates that in an extraordinary motion the applicant must show that the facts on which it is based are those…