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132 Ga. App. 188

207 S.E.2d 672

Richey v. State

Court of Appeals of Georgia

Decided June 20, 1974

Court of Appeals of Georgia · decided 1974-06-20

Relies on Fowler v. State · Felton v. State

Decided 1974-06-20

Bell, Chief Judge.

¶1 Defendant, convicted and sentenced for burglary, appeals from the overruling of his motion for new trial. The only ground of the motion argued before this court relates to alleged newly discovered evidence. This newly discovered evidence consists of the purported post-trial declaration of a material witness for the state who gave testimony at the trial strongly tending to show the defendant’s guilt. A post-trial declaration by a state’s witness that his former testimony was false is not a cause for a new trial. Felton v. State, 56 Ga. 84; Fowler v. State, 187 Ga. 406 (1 SE2d 18).

¶2 Judgment affirmed.

Quillian and Clark, JJ., concur.
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