Burgess v. State

Judgment affirmed.

Burgess, Crow, Adkins and five others were indicted for the murder of Arnold. Burgess was tried and convicted with recommendation to life imprisonment, and his motion for a new trial was overruled.

1-2. One of the grounds of the motion was on account of newly discovered testimony. With the affidavits containing this evidence were presented the affidavits of Burgess and his counsel, “ that they did not know until after the trial that they could prove by” the new witnesses “ the facts stated in their several affidavits,” etc.

3. Another ground was, that defendant was legally…