Newberry v. State

John A. Fooeeman, Justice.

This appeal was taken from the order of the circuit court denying appellant’s motion for new trial. We find no abuse of discretion and affirm the trial court’s order.

The motion for new trial was based upon the sole ground that the prosecuting attorney failed to disclose information in his “possession” which would have greatly assisted the defendant in preparing a defense. No specific allegations of fact were contained in the motion, but an affidavit atached to the motion was made a part of the motion. The gist of the affidavit by Gary Fultz was that he was an…