State v. Wynne

In the case of State v. Ferguson, 114 La. 74, 38 South. 24, cited in the opinion of the majority, we said:

“In State v. Albert, 109 La. 210, 33 South. 199, the Chief Justice, as the organ of the court, said: ‘Where a court refuses a new trial on the ground that the newly discovered evidence offered is merely cumulative, it is tantamount to saying that, were it offered in a new trial, the result of the second trial would not, in its opinion, be different from that of the first.’

“As the record in this case does not contain the evidence heard upon the trial, the opinion of the trial judge upon…