Collier v. State
Collier v. State
Opinion of the Court
This involves another appeal in the defendant’s efforts to obtain a new trial following his conviction of simple battery and armed robbery. In Collier v. State, 157 Ga. App. 109 (276 SE2d 262), defendant’s conviction was affirmed following the denial of his motion for new trial. Thereafter he has filed numerous pleadings and ancillary applications in the nature of habeas corpus and motions to have the court grant him a new trial. He has attempted to try his case again but to no avail.
The present appeal is one to review the adverse decision denying his extraordinary motion for new trial which appears to be his latest effort to obtain same. The motion to which the trial court’s order refers is one seeking a new trial because the evidence in the light most favorable for the state was insufficient for a rational trier of fact to have found the essential elements of the crime beyond a reasonable doubt; and, in the exercise of its discretion, the trial court should have granted the defendant a new trial. However, in Collier v. State, 157 Ga. App. 109 (1), supra, we considered this self-same issue and held that the evidence was sufficient to support the verdict. In defendant’s enumerations of error here he presents no grounds upon which an extraordinary motion for new trial could be based, considered and granted. The defendant merely recites certain documentary evidence which would create a conflict as to whether or not he was the individual who robbed the victim. As stated in OCGA § 5-5-23 (formerly Code § 70-204), material evidence “not merely cumulative
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.