State v. Don Carlos

The opinion of the court was delivered by

Me. Chiee Justice MoIvee.

In this case the defendant having been convicted of murder moved the Circuit Judge for a new trial, upon the ground of alleged after discovered evidence. The motion was based on affidavits set out in the “Case” made by defendant’s counsel, by defendant’s brother, and by the person whose testimony it is alleged was discovered since the trial, but there is no affidavit from the defendant himself. The motion was refused, and the sole question presented by this appeal is whether the Circuit Judge erred in refusing the motion.

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