State v. Bell

I am compelled to dissent from the majority opinion on rehearing. The last paragraph thereof sets forth that the case of State v. Dimm, 153 La. 95, 95 So. 414, relied on in the original opinion for the result reached, is distinguishable from this matter on the ground that, there (unlike here), the credibility of the newly discovered witness was not even brought into question.

I have re-examined the record in the Dimm case,1 No. 25,373 of the Docket of this Court. It discloses that Bill of Exceptions No. 2 was reserved upon the overruling of a motion for a new trial as in the instant case.…