McDonald v. State
Opinions
Defendant seeks to directly appeal the denial of his extraordinary motion for new trial based on newly discovered evidence. Defendant’s motion was filed and determined after the filing of his appeal from his trial and conviction of voluntary manslaughter. Since OCGA § 5-6-35 (a) (7) requires a discretionary application where there is an order in a criminal case denying an extraordinary motion for new trial when separate from an original appeal, this appeal is dismissed. Doby v. State, 179 Ga. App. 285 (346 SE2d 89) (1986); Pitts v. State, 254 Ga. 298 (328 SE2d 732) (1985).
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350 S.E.2d 581 (McDonald v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.