State v. Caldwell

Defendant appeals from a conviction and a sentence for the sale of intoxicating liquors for beverage purposes. He complains that the judge a quo erred in overruling a motion for a new trial, alleging the discovery, since the trial, of evidence impeaching one of the prosecuting witnesses. This alleged newly discovered evidence is to the effect that one of the witnesses' for the prosecution had stated to the newly discovered witnesses' that defendant did not sell to him any intoxicating liquors on the date set forth in the indictment, December 17, 1922, nor on any other date during the year…