Brantley v. State

Russell, C. J.,

dissenting. Under the rulings in Dale v. State, 88 Ga. 552 (15 S. E. 287), Cooper v. State, 91 Ga. 366 (18 S. E. 303), and Fellows v, State, 114 Ga. 233 (39 S. E. 885), as well as the ruling of this court in Saylors v. State, 9 Ga. App. 227, 229, 230 (70 S. E. 975), it is my opinion that the court erred in overruling the motion for a new trial based upon the alleged newly discovered evidence.