McCurdy v. State

Appellant was indicted for first degree murder. He pleaded not guilty and was tried by jury. He was found guilty as charged and sentenced to imprisonment for life. This belated appeal results from the overruling of appellant’s motion to correct errors.

I

The first issue presented is whether the trial court erred in failing to grant appellant a new trial on the basis of newly discovered evidence.

A party seeking a new trial on the basis of newly discovered evidence must demonstrate:(1) that the evidence alleged to be newly discovered could not have been discovered before trial by the exercise of…