Harrell v. State

This was an extraordinary motion for a new trial, based on newly discovered evidence. The defendant introduced the affidavits of J. P. Farmer, Henry Spivey, and Charlie Metts in support of the motion. The State submitted counter-affidavits, which contradicted the affidavits of Spivey and Farmer as to their presence at the place where they swore they saw and heard the thing stated in their affidavits. If the counter-affidavits introduced by the State were true, the testimony of these two witnesses on another trial would have been of no value, or at most of such character as would not have…