Fortune v. State

1. The evidence in this case was in sharp conflict; and the jury, who are the judges of the credibility of the witnesses, having-decided in favor of the State, and the trial judge having approved the finding, this court can not say that the judge abused his discretion in overruling the motion for a new trial.

2. The affidavits of the defendant and his counsel, seeking to show diligence, merely state “that neither of them knew of the existence of the evidence set out in the foregoing ground of the amended motion at the time of the trial in said matter, nor could the same have been discovered by…