Barrett v. State

Full title: BARRETT v. THE STATE

Court: Court of Appeals of Georgia

Date published: Oct 14, 1976

229 S.E.2d 802 (Ga. Ct. App. 1976)

229 S.E.2d 802

Opinion

52795.

SUBMITTED OCTOBER 4, 1976.

DECIDED OCTOBER 14, 1976.

Burglary. Troup Superior Court. Before Judge Jackson.

Johnny Barrett, pro se. William F. Lee, Jr., District Attorney, Robert H. Sullivan, Assistant District Attorney, for appellee.

WEBB, Judge.

The appellant, who had been convicted of burglary, made an extraordinary motion for new trial primarily on the ground that a state's witness had made a post trial declaration that her former testimony was false. The trial court denied the motion, correctly asserting that no new factual situation was presented. We had previously ruled adversely to appellant on this point. Barrett v. State, 138 Ga. App. 26 ( 225 S.E.2d 483) (1976).

Judgment affirmed. Deen, P. J., and Smith, J., concur.

WEBB, Judge.

SUBMITTED OCTOBER 4, 1976 — DECIDED OCTOBER 14, 1976 — CERT. APPLIED FOR.