Daugherty v. State

Harry Daugherty was tried in the Licking-Common Pleas and found guilty of highway robbery. The following day his consel filed a motion for a new trial and the court announced it would be heard at a time agreeable to both the State and counsel for Daugherty, who was then sentenced to the Ohio Penitentiary.

Afterwards, on Feb. 25, 1925 the court overruled the motion, Daugherty’s counsel offering-no affidavits of newly discovered evidence. Error was prosecuted and it was contended that the court jn effect denied Daugherty the right to have his motion for a new trial properly presented to the…