Court of Appeals of Georgia February 27, 1958, 37051 (Kiker v. Henning)

Felton, Chief Judge.

1. Where a motion for a new trial is based on the grounds of newly discovered evidence which allegedly was not cumulative or impeaching and which was likely' to produce a different verdict at a new trial, and no brief of evidence accompanied the motion, the trial judge did not abuse his discretion in denying the motion. McCoy v. State, 193 Ga. 413 (18 S. E. 2d 684).

2.