Jones v. State

I dissent only from that part of the court’s opinion wherein it is held that the newly discovered evidence was merely cumulative and impeaching and would not likely produce a different result upon another trial. The alleged newly discovered evidence consisted in part of the affidavit of one jointly indicted, who deposed, after his own conviction and after the trial of the accused, that he (deponent) and not the accused committed the crime, and that the accused was not present when it was committed, and did not participate in it; and, these facts not having been disclosed by the deponent until…