State Board of Penal Corrections v. Johnson

Reid, Chief Justice.

The Code, § 70-303, provides in part that “Whenever a motion for a new trial shall have been made at the term of trial in any criminal case and overruled, or when a motion for a new trial has not been made at such term, no motion for a new trial from the same verdict shall be made or received, unless the same is an extraordinary motion or case, and hut one such extraordinary motion shall he made or allowed.” (Italics supplied.) John Burns was convicted of murder, in Screven superior court, on September 22, 1937. His motion for new trial, duly presented, was overruled, and…