Johnson v. State

The court, we think, properly overruled the defendant’s application for a new trial on the ground of newly-discovered evidence. The newly-discovered evidence was merely cumulative. The motion does not present to *457the court any reason why it might not have been discovered sooner, by the use of proper diligence on the part of the defendant. One of the nine statutory grounds for a new trial is : "Where new testimony, material to the defendant, has been discovered since the trial. A motion for new trial based on this ground shall be governed by the same rules as those which regulate civil suits.”…