State v. Don Carlos

Citations

• 38 S.C. 225
• 16 S.E. 832
• 1893 S.C. LEXIS 46

Syllabus

<p>1. Motions for New Trial on the Ground op After Discovered Evidence should be entertained with great caution.</p> <p>2. Ibid. — Law Cases — Appeal.—Such a motion, made in a law case, was, in the discretion of the Circuit Judge, refused, because he was not satisfied that the alleged evidence could not have been discovered before the trial by the exercise of due diligence, or that it was material. Held, that this ruling, being based upon findings of fact, could not be reviewed on appeal.</p>