Anderson v. State

The appellant was convicted of the crime of sodomy under Acts 1905, ch. 169, §473, §2566 Burns 1926. The only question raised and sought to be presented arises under the assignment that the court erred in overruling appellant’s motion for a new trial, which is based solely on the sixth and eighth subdivisions of §2325 Burns 1926, viz: “accident or surprise which ordinary prudence could not have guarded against” and “newly-discovered evidence, material for the defendant, which he could not, with reasonable diligence, have discovered and produced at the trial.”

The appellant’s sister-in-law, who…