ARGUED NOVEMBER 14, 1951.
DECIDED JANUARY 16, 1952.
Murder. Before Judge Paschall. Whitfield Superior Court. September 18, 1951.
Dudley F. Hancock, Richard H. Sapp Jr., for plaintiff in error.
Eugene Cook, Attorney-General, Warren Akin, Solicitor-General, H. Grady Simmons, Assistant Attorney-General, contra.
1. Where newly discovered evidence, urged as a ground for new trial, was that of a psychiatrist as to the mental condition of the accused, but no affidavits as to the witness's residence, associates, means of knowledge, character, and credibility were adduced, such is not a compliance with the provisions of Code § 70-205, and the discretion of the trial judge in refusing a new trial on this ground will not be disturbed. Phillips v. State, 138 Ga. 815 (2) ( 76 S.E. 352); Bass v. State, 152 Ga. 415 (11) ( 110 S.E. 237); Cole v. State, 176 Ga. 135 (2) ( 167 S.E. 172); Grier v. State, 196 Ga. 515 (1) ( 26 S.E.2d 889).
2. The general grounds of the motion are expressly abandoned.
Judgment affirmed. All the Justices concur.