Manuel v. State
Annotate this CaseDefendant was convicted of malice murder and possession of a firearm during the commission of a felony. At issue was whether the trial court erred by not exercising its discretion in its review of the motion for new trial when assessing whether the verdict was contrary to the weight of the evidence and whether a miscarriage of justice may have resulted. The court vacated the judgment and remanded to the trial court for consideration of the motion for new trial under the appropriate discretionary standard where the sufficiency of the evidence standard and the discretionary standard addressed two distinct legal issues and where the trial court erred by not exercising its discretion pursuant to OCGA 5-5-21.
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