Slaughter v. State

GARDNER, Justice.

The only question presented on this appeal relates to the action of the trial court in overruling the motion for a new trial for newly’ discovered evidence.

We are persuaded defendant has not met the burden resting upon him to show due diligence, a prime requisite to the granting of such a motion for new trial. 21 Alabama and Southern Digest, New Trial, ®=3102, page 189. We have studied with care the evidence in the case, and considered same in connection with the affidavits presented at the hearing of the motion. While the trial of defendant followed in a short time his…