Harper v. State

Beoyees, O. J.

1. It does not appear that the alleged newly discovered evidence offered in support of the motion for a new trial could have been obtained by the defendant at the trial by the exercise of due diligence; and although the evidence was impeaching in its character, it, if credited by the jury, would be likely to produce a different verdict on another trial; and “the real ultimate criterion by which the merit of such testimony should be measured is the probability of a different result;” and when that probability appears, “the ends of justice require that a new trial be granted.”…