Patterson v. State

Head, Justice.

Ground 1 of the amended motion for new trial is based upon alleged newly discovered evidence. This evidence is contained in the affidavit of Dr. T. J. Howard (who testified as a witness for the State), which was, in substance, that at the time the clothing of the deceased was removed to place him on an emergency operating table in the hospital, an open knife, with a blade approximately six inches long, fell from some part of his clothing. This ground of the motion is supported by accompanying affidavits as to the character and associates of the witness, Dr. Howard, and the…