Grier v. State

Grice, Justice.

1. It is provided in the Code, § 70-205, that when a motion for new trial is made on the ground of newly discovered evidence, “If the newly discovered evidence is that of witnesses, affidavits as to their residence, associates, means of knowledge, character, and credibility must be addu&ed.” In this case the newly discovered evidence urged as a ground for new trial was that of a witness; but there being no compliance with the quoted provision of the statute, the judge was not required to consider the affidavits alleging newly discovered evidence, and the discretion of the court…