Mills v. State

Atkinson, Presiding Justice.

The first and fifth special grounds of the motion for a new trial, relating to alleged newly discovered evidence, failed to show that by ordinary diligence the evidence could not have been discovered before verdict, or that it was of such character as would probably produce a different result on another trial. Code, §§ 70-204, 70-205. It will not suffice to allege merely that the evidence could not have been discovered by ordinary diligence. Douberly v. State, 184 Ga. 573 (7) (192 S. E. 223), and cit.

*148A conspiracy may be shown by circumstantial as well as direct…