Herndon v. State

Feb 27, 1900
Reporters:
, ,
Before:
Cobb
Cobb, J.

1. Where several persons are jointly tried and convicted of a criminal offense involving moral turpitude, and ‍‌​‌‌​‌​​​​​​​​​​​‌‌​‌‌​‌​‌​‌‌​‌‌​​‌​​‌​​‌​‌​​‌​‌​​‌​​‌‌​‌‌​‌‌‌​​​‌​​‌‌​​​‌‌‌‌‌​​‌​‌‌​​‌‌​​​‌​​​‌‍all unite in a motion for a new trial, there is no merit in an amendment thereto, unsup- ,. ported by affidavits as to character, made in behalf of all of the movants save one, alleging ‍‌​‌‌​‌​​​​​​​​​​​‌‌​‌‌​‌​‌​‌‌​‌‌​​‌​​‌​​‌​‌​​‌​‌​​‌​​‌‌​‌‌​‌‌‌​​​‌​​‌‌​​​‌‌‌‌‌​​‌​‌‌​​‌‌​​​‌​​​‌‍that “ since the trial of said case they have learned that they can prove by the testimony of ” their codefendant that they had nothing whatever to do with the commission of the crime. Even ‍‌​‌‌​‌​​​​​​​​​​​‌‌​‌‌​‌​‌​‌‌​‌‌​​‌​​‌​​‌​‌​​‌​‌​​‌​​‌‌​‌‌​‌‌‌​​​‌​​‌‌​​​‌‌‌‌‌​​‌​‌‌​​‌‌​​​‌​​​‌‍if such testimony could in a particular instance be regarded as newly discovered evidence, there would be no abuse of discretion in disregarding it, the witness being a convicted criminal whom the judge might readily ‍‌​‌‌​‌​​​​​​​​​​​‌‌​‌‌​‌​‌​‌‌​‌‌​​‌​​‌​​‌​‌​​‌​‌​​‌​​‌‌​‌‌​‌‌‌​​​‌​​‌‌​​​‌‌‌‌‌​​‌​‌‌​​‌‌​​​‌​​​‌‍disbelieve, and whose character was not vouched for.

2. Tested by established legal rules, the evidence, though not of the ’ strongest and most satisfactory character, was sufficient to warrant the verdict, and, the same having been approved ‍‌​‌‌​‌​​​​​​​​​​​‌‌​‌‌​‌​‌​‌‌​‌‌​​‌​​‌​​‌​‌​​‌​‌​​‌​​‌‌​‌‌​‌‌‌​​​‌​​‌‌​​​‌‌‌‌‌​​‌​‌‌​​‌‌​​​‌​​​‌‍by the trial judge, this court would not be justified in setting it aside.

Judgment affirmed,.

All the Justices concurring: