Landers v. State

The sole ground relied on by the plaintiff in error relates to alleged newly discovered evidence, and is based on two affidavits. One was executed by a witness who testified for the State, the other by a witness subpoenaed by the State but who was sworn and testified in behalf of the defendant. The prosecutor, in his statement, positively identified the defendants as the ones who assaulted and stabbed him. In the affidavits the two witnesses swore that after the trial they, for the first time, notified the defendants and their counsel that within one or two days following the encounter there…