State v. Williams

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an appeal from an order refusing a motion for a new trial on after-discovered evidence.

The facts are stated in the order of his Honor, the Circuit Judge, which was as follows:

“At the commencement of the hearing, the Solicitor interposed an objection to my hearing the matter, upon the ground that the Court had no jurisdiction whatsoever to hear the motion, for the reason that the defendant had thereupon entered upon the service of his sentence, and had served a part thereof. It was admitted by all counsel that the…