McDaniel v. State

1. "The real ultimate criterion by which the merit of such testimony [newly discovered evidence] should be measured is the probability of a different result; and when that probability appears, the ends of justice require that a new trial be granted."

2. Special ground 2 does not show reversible error.

DECIDED JUNE 13, 1946.

Ralph McDaniel and Vernon (Doc) Hammond were convicted on an indictment charging them with arson. They filed a motion for a new trial, which was overruled, and error is assigned on this judgment.

The State's evidence substantially shows that Joe Pippin testified for the State…