Powell v. State

Sognier, Judge.

We affirmed appellant’s conviction of voluntary manslaughter in Powell v. State, 154 Ga. App. 674 (270 SE2d 6) (1980). On habeas corpus, appellant was given the right to file an out-of-time appeal from the decision of the Fulton County Superior Court denying appellant’s Extraordinary Motion for New Trial. Thus, that is the only issue before this court.

Appellant based his motion on the ground that a statement from one Larry Johnson, to the effect that Powell was not the person who killed the victim of an assault and robbery, was newly-discovered evidence. Code § 70-204 provides…