Posey v. State

Citations

• 58 Fla. 92

Syllabus

<p>1. ' A motion for new trial upon the ground, of newly discovered evidence will not be granted where the motion has no other support than the affidavit of the defendant.</p> <p>2. Where the affidavit of the defendant in support of m-otion for new trial upon the ground of newly discovered evidence gives the names of witnesses by whom he expects to prove certain newly discovered facts, but the defendant does not produce the affidavits of the witnesses themselves to the facts to which they are ready to testify, and he does not satisfactorily snow why he cannot do so, the denial of the motion will not be disturbed.</p> <p>3. Where there is evidence from which all the elements of the crime of which the defendant stands convicted may be legally inferred, and it does not appear that the jury were not governed by the evidence adduced at the trial, the appellate court will not disturb the verdict, merely, because the evidence is conflicting.</p>