Croy v. State

Cooper, Judge.

Appellant was found guilty by a jury of driving under the influence of alcohol, driving while his license was suspended, attempting to elude a police officer and speeding. He appeals from the denial of his motion for new trial on the ground of newly discovered evidence.

Appellant testified at the motion hearing that he searched diligently prior to trial to locate two other persons who were in the car with him at the time of his arrest to testify that he was not the driver but apparently got into the driver’s seat after the car was wrecked following a police chase. Upon his…