Hicks v. State

Plaintiff in error was indicted, tried, and convicted for grand -larceny and sentenced to serve two years in the state penitentiary at hard labor. He seeks to be relieved of that judgment on the basis of newly discovered evidence.

The newly discovered evidence was an affidavit made in a Justice of the Peace Court as a predicate for a search warrant to search the premises of the plaintiff in error for the alleged stolen property. It was not discovered until after the trial and judgment, of ■ guilty was rendered. It alleged the true value of the stolen property to be $25.00, while at the trial…