Griffin v. State , 242 Ga. 51 ( 1978 )

Hill, Justice,

dissenting.

Lee v. State, 146 Ga. App. 189 (245 SE2d 878) (1978), followed Banks v. State, 235 Ga. 121 (218 SE2d 851) (1975). Rather than distinguish Lee and Banks, I would apply them here and grant the defendant a new trial based upon newly discovered evidence.

I am authorized to state that Justice Jordan joins in this dissent.