Ronald Douthit appeals the denial of his extraordinary motion for new trial. His conviction and death sentence for the murder of Leonard Karl Frazier were affirmed in Douthit v. State, 239 Ga. 81 (235 SE2d 493) (1977). "10. The subject property has an estimated value for residential use of from $18,200 to $24,700. "11. The subject property has an estimated value for commercial use of from $57,900 to $85,500. "12. The residential lots and homes lying immediately adjacent to the subject property would suffer a decreasing value by the commercial development of the subject property. "13. With one exception, the intention of the owner to attempt to have the subject property rezoned for C-1 use was not communicated to any of the homeowners in the subdivision from its opening in 1961 until its present application to the Planning & Zoning Commission. "14. There would be a substantial hazard to the safety of the children of the residents of Smisson Gardens subdivision created by the use of the subject property for C-1 purposes. He asserts that his statements were presented to the jury without a determination and a proper charge as to whether or not they were voluntary. These matters were known to his counsel at the time of trial and direct appeal. All alleged errors premised upon these matters could and should have been enumerated in his direct appeal and cannot now be raised by extraordinary motion for new trial. Goodwin v. State, 240 Ga. 605 (242 SE2d 119) (1978). The trial court has not committed error in denying his extraordinary motion for new trial. |