Allen v. State

Extraordinary motions for a new trial are not favored by the courts. The granting thereof rests largely within the discretion of the trial judge, and his refusal of a new trial, based on an extraordinary motion, will not be disturbed unless there has manifestly been an abuse of that discretion. See Rogers v. State, 129 Ga. 589 (59 S. E. 288). The defendant *201here made a motion, for n.ew trial, amended same by excepting to the failure of the court to charge, and upon the overruling thereof assigned.error, to this court, where the judgment was affirmed. Allen v. State, 86 Ga. App. 604 (71 S. E.…