Huff v. State

The majority of the court are of the opinion that error prevailed in overruling defendant's motion for a new trial. Grounds 4 and 5 of said motion were fully proven without dispute or conflict and are as follows:

"4. For that since the evidence closed in the case, and since one of the arguments was made by the State in the case, the defendant has discovered evidence which he did not know at the time of the taking of the testimony, and which he could not have known by the use of due diligence.

"5. For that since the evidence closed in the case, and since one of the arguments was made by the…