
    Rocillius Tilley, plaintiff in error, vs. The State of Georgia, defendant in error.
    Facts which were known to the defendant at the time of his trial, as being susceptible of proof by a certain witness, cannot be set up as newly discovered evidence upon which to base a motion for new trial; and the more especially where such motion is not made until after the adjournment of the court at which such trial was had.
    Warner, Chief Justice.
     