Harper v. State

1. A petition for certiorari, setting forth evidence which is adopted in the answer thereto as “practically correct,” is not admissible for the purpose of impeachment on the trial of a case in another court, when there is no further proof of the correctness of the evidence set forth therein.

2. Newly discovered evidence which is not only merely cumulative and impeaching in its character, hut which could have been discovered before the trial by the exercise of ordinary diligence, does not require the grant of a new trial.

3. When two witnesses have equal facilities for both seeing and hearing a…