Bailey v. State

Cosby Bailey, was indicted for murder and convicted of voluntary manslaughter. The exception here is to the judgment overruling his motion for a new trial.

Special ground 1 is based upon newly discovered evidence. The several affidavits of Ponder Lawhorne, submitted in connection with this ground, allege facts which are merely cumulative in their nature, and disclose direct conflicts as to material matters. The affidavit of Lawhorne upon which the defendant particularly relies avers that the affiant was present at the time of the shooting. However, Lawhorne was summoned before the grand jury,…