
    McCoy v. The State.
    No. 13975.
    January 13, 1942.
    Rehearing denied February 13, 1942.
    
      Paul W. Hughes and Alton T. Milam, for plaintiff in error.
    
      Ellis G. Arnall, attorney-general, John A. Boylcin, solicitor-general, Qwmcy 0. Arnold, Durwood T. Pye, E, J. Glower and G. E. Gregory, assistant attorneys-general, contra.
   Duckworth, Justice.

1. After the accused has been convicted of the crime of which he was charged, and has made a motion for a new trial, and the judgment denying it has been affirmed by this court, when an extraordinary motion for a new trial is made, based on the ground of newly discovered evidence, it should be made to appear that such evidence is so material that it would probably produce a different result on another trial. Young v. State, 56 Ga. 403 (4); Rogers v. State, 129 Ga. 589 (59 S. E. 288); Brown v. State, 141 Ga. 783 (82 S. E. 238).

2. Such an extraordinary motion is addressed to the sound discretion of the trial judge, and a refusal to sustain it will not be reversed unless such discretion is abused. Brown v. State, supra.

3. A consideration of the evidence produced on the trial is necessary to determine whether the alleged newly discovered evidence would be likely • to produce a different result; and since the present record does not contain a brief of such evidence, it can not be said that the judge abused his discretion in refusing to sustain the motion.

Judgment affirmed.

All the Justices concur.  