Burnett v. Stat

Supreme Court of Georgia

Burnett v. Stat

230 S.E.2d 304, 237 Ga. 870, 1976 Ga. LEXIS 1428

CourtSupreme Court of Georgia

DecidedNovember 3, 1976

Docket31318

StatusPublished

This text of 230 S.E.2d 304 (Burnett v. Stat) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burnett v. Stat, 230 S.E.2d 304, 237 Ga. 870, 1976 Ga. LEXIS 1428 (Ga. 1976).

Pincite

Opinion

Gunter, Justice.

The appellant was convicted for having committed murder, the state waived the death penalty, and appellant was sentenced to life imprisonment. He has come here for review and enumerated two errors: (1) the trial court erred in denying the appellant’s motion for a continuance of the. trial; and (2) the trial court erred in denying, appellant’s motion for a new trial based on newly discovered evidence.

A review of the record and transcript shows no abuse of discretion on the part of the trial judge in denying the motion for. a continuance of the trial. Appellant’s attorney had been retained to represent him more than four months prior to the time of the trial.

Likewise, the affidavit on which appellant relies for his motion for new trial on the basis of newly discovered evidence does not satisfy the requirements for the grant of a new trial on that basis. See Burge v. State, 133 Ga. 431 (66 SE 243) (1909).

We find no error.

Judgment affirmed.

All the Justices concur.

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