Fluker v. State

Jenkins, Justice.

1. The evidence was sufficient to authorize the verdict of murder.

2. The court did. not err in refusing a new trial on the ground of newly discovered evidence tending to establish an alibi, since the supporting affidavits of the defendant and his counsel not only failed to show an exercise of proper diligence in discovering such evidence before the trial, but failed to show a lack of prior knowledge of such evidence, which the statement of the defendant to the jury showed that he in fact must have had.

3. Other alleged newly discovered evidence was merely impea'cliing in…