37 La. Ann. 43 | La. | 1885
The opinion of the Court was delivered by
Aided by no brief from counsel for defendant, we have nevertheless carefully considered the only bill of exception found in the record, which is taken to the overruling of a motion for a new trial.
The only ground of the motion which has any claim to our consideration here, is that of newly discovered evidence.
The affidavits of the proposed new witnesses are properly embodied in the bill.
The evidence seems to lack several of the essentials necessary to support the application.
2. The judge, in his reasons, states that the evidence was, at most, only cumulative and corroborative in its character, and that it was not such as ought to produce, on another trial, an opposite result on the merits. Wharton Cr. Pl. and Pr., sec. 854.
Judgment affirmed.