Opinion
19289.
ARGUED APRIL 9, 1956.
DECIDED MAY 14, 1956.
Rape. Before Judge Andrews. Fulton Superior Court. January 6, 1956.
William Hall, Clyde W. Henley, Carter Goode, for plaintiff in error.
Paul Webb, Solicitor-General, Eugene Cook, Attorney-General, E. L. Tiller, Rubye G. Jackson, Frank S. French, Charlie O. Murphy, contra.
The State's evidence contradicts the alleged newly discovered evidence which is the basis of the extraordinary motion for a new trial. The decision of the trial judge on this issue of fact will not be disturbed. McCoy v. State, 193 Ga. 413 ( 18 S.E.2d 684); Ballard v. Harmon, 202 Ga. 603 ( 44 S.E.2d 260); Parks v. State, 204 Ga. 41 ( 48 S.E.2d 837). Nor is there any merit in the complaints about disallowing oral testimony and excluding a transcript of testimony given in some other hearing by witnesses whose affidavits were introduced upon this hearing. The judgment denying the motion for new trial is
Affirmed. All the Justices concur.