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Richey v. State

207 S.E.2d 672, 132 Ga. App. 188, 1974 Ga. App. LEXIS 1641
Court of Appeals of Georgia·Decided June 20, 1974·No. 49214·Published·Cited by 9 cases

Opinion

Bell, Chief Judge.

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).

Judgment affirmed.

Quillian and Clark, JJ., concur.

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Richey v. State, 207 S.E.2d 672, 132 Ga. App. 188, 1974 Ga. App. LEXIS 1641 (Ga. Ct. App. 1974).

207 S.E.2d 672 (Richey v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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