Herndon v. State

1. Where several persons are jointly tried and convicted of a criminal offense involving moral turpitude, and all unite in a motion for a new trial, there is no merit in an amendment thereto, unsup- ,. ported by affidavits as to character, made in behalf of all of the movants save one, alleging that “ since the trial of said case they have learned that they can prove by the testimony of ” their codefendant that they had nothing whatever to do with the commission of the crime. Even if such testimony could in a particular instance be regarded as newly discovered evidence, there would be no…