Malone v. State

1. The discretion of the judge in overruling a motion for a new-trial in a criminal case, based on alleged newly discovered evidence, will not. be controlled, when the movant fails to make affidavit that he did not before the trial know of the facts upon which the motion is based, and could not by the exercise of proper diligence have discovered them. And this is true though his counsel may make affidavit, evidently based on information received from others, to the effect that the time when the alleged offense was committed the accused was in such a condition that he could not have known of…