Richey v. State

Full title: RICHEY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jun 20, 1974

207 S.E.2d 672 (Ga. Ct. App. 1974)

132 Ga. App. 188

Opinion

49214.

ARGUED APRIL 1, 1974.

DECIDED JUNE 20, 1974.

Burglary. Chatham Superior Court. Before Judge Harrison.

Hill, Jones Farrington, William T. Coleman, III, for appellant.

Andrew J. Ryan, Jr., District Attorney, Michael K. Gardner, for appellee.

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 S.E.2d 18).

Judgment affirmed. Quillian and Clark, JJ., concur.

ARGUED APRIL 1, 1974 — DECIDED JUNE 20, 1974.