Johnson v. State

Benham, Judge.

Appellant was convicted of armed robbery and burglary, and this appeal follows the denial of his motion for new trial. He cites the denial as error, along with five other enumerations. We affirm.

1. Appellant based his motion for new trial on the ground of newly discovered evidence. The evidence included appellant’s brother/co-defendant’s affidavit recanting his trial testimony, taking full responsibility for the crime, and absolving appellant of any connection to the crime. At trial appellant’s brother had denied that he or appellant engaged in the criminal activities alleged.…