Gaillard v. State

We will discuss only headnotes 1, 2, and 3., Special ground l.of the motion for a new trial is based on the alleged newly discovered evidence of J. H. Faulk, who made an affidavit “that he saw Jim Cullen Dowdy and a man whom deponent took to be J. J. Lancaster, standing on the sidewalk near the bank and W. C. Byall’s store, in Bhine, Ga. Deponent says that he heard this man, who to the best of deponent’s knowledge and belief was J. J. Lancaster, in conversation with Jim Cullen Dowdy, say, in substance, ‘If I can see him or get my hands on him to-night, I’ll fix him so he won’t bother us or…