Wyatt v. State

DAVIDSON, -Presiding Judge.

Conviction for violating the local option law. The indictment was attacked. It follows the approved forms, and is sufficient.

Newly discovered evidence is alleged. An examination of it, however, shows that if the facts stated are true, they were well known to defendant before the trial, and no effort was made to secure the presence of the witness. It went to prove an alibi. If the testimony of the witness whom it is alleged would testify to the facts is true, then appellant was with him and knew of the facts at the time of the trial and no effort was made to secure…