Shoffeitt v. State

Nichols, Presiding Judge.

The defendant was indicted, tried and convicted of manufacturing liquor and thereafter his motion for new trial based on the general grounds and one special ground was overruled. Error is now assigned on such j udgment adverse to him. Held:

1. The one special ground of the motion for new tria-l is based on alleged newly discovered evidence. Movant and his counsel made affidavits stating that they did not know of the alleged newly discovered evidence “before the trial,” and that a diligent investigation did not reveal the same. Movant’s brother William Andrew…