65 So. 737 | La. | 1914
In the first place, the evidence in question cannot be said to be newly discovered evidence in the sense of the law; at the time of. the trial accused knew the width of the street in front of his own door, and the color of the bags used in his business, and whether he had refused to sell beer. Moreover, the fact that he had refused to sell beer to any particular individual would not be admissible in evidence, for several obvious reasons. In the second place, if said evidence had been newly discovered and admissible, motions for new trial depending upon the weight of newly discovered evidence are left largely, if not entirely, to the discretion of the trial judge.
Judgment affirmed.