Cosby v. State
Supreme Court of Alabama
Appeal from Circuit Court, Elmore Couuty; Leon McCord, Judge. Robert Cosby was convicted of a crime punishable by death, and he appeals.
1Opinion of the CourtSayre, J.
[1] The alleged newly discovered evidence tended only to discredit the state’s witness. Reversible error cannot be predicated of the action of the trial court in overruling a motion for a new trial based upon newly discovered evidence of that character, unless, upon the whole case, it appears to be probable that the new evidence would change the result, should a new trial be granted. Fries v. Acme White Lead & Color Works, 79 South. 45. We do not find, that the new evidence in this case measures up to the rule. Hence our conclusion that the court committed no error in the ruling under review.
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2Cases cited5 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Campbell v. BeyersSupreme Court of Alabama · 1914
- Zininam v. StateSupreme Court of Alabama · 1914
- Waldrop v. StateSupreme Court of Alabama · 1913
- Dix v. StateSupreme Court of Alabama · 1906
3Cited by16 opinions
- Maund v. StateSupreme Court of Alabama · 1950
- Burns v. StateSupreme Court of Alabama · 1932
- Curry v. StateSupreme Court of Alabama · 1919
- Welch v. StateAlabama Court of Appeals · 1938
- Frost v. StateSupreme Court of Alabama · 1932
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