Sanders v. State

Sanders was charged generally with the unlawful sale of intoxicating liquor. The State’s witness swore that he had, in the presence of two others, bought liquor from the defendant at a named time and place. The defendant denied it merely by his statement. He made no motion for continuance, but took the chance of obtaining an acquittal. After conviction he submitted the affidavits of the two persons named by the State’s witness, and they swore that the statement made by the State’s witness was not true. It is insisted that this is newly discovered testimony; that the defendant could not…