Sinkfield v. State

Full title: SINKFIELD v. THE STATE

Court: Supreme Court of Georgia

Date published: Sep 24, 1974

209 S.E.2d 188 (Ga. 1974)

209 S.E.2d 188

Opinion

29208.

SUBMITTED SEPTEMBER 13, 1974.

DECIDED SEPTEMBER 24, 1974. REHEARING DENIED OCTOBER 8, 1974.

Rape. Fulton Superior Court. Before Judge Williams.

Grace W. Thomas, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Assistant District Attorney, Arthur K. Bolton, Attorney General, for appellee.

HALL, Justice.

Defendant appeals from an order of the trial court vacating and setting aside a rule nisi issued previously and refusing to entertain his extraordinary motion for new trial based on newly discovered evidence. His convictions on two counts of rape and one count of child molestation were affirmed in Sinkfield v. State, 231 Ga. 875 ( 204 S.E.2d 588).

The defendant failed to show the first two requirements for an extraordinary motion for new trial stated in Bell v. State, 227 Ga. 800, 805 ( 183 S.E.2d 357): (1) no knowledge of the evidence until after the trial and (2) no want of due diligence. Under these circumstances, it is proper for the judge to decline to entertain the motion and to refuse to grant a rule nisi thereon. See Fulford v. State, 222 Ga. 846, 847 ( 152 S.E.2d 845).

Judgment affirmed. All the Justices concur.

HALL, Justice.

SUBMITTED SEPTEMBER 13, 1974 — DECIDED SEPTEMBER 24, 1974 — REHEARING DENIED OCTOBER 8, 1974.