Smith v. State

Gertrude Smith was indicted for assault with intent to murder and was convicted of the statutory offense of shooting at another. The only exception here’is to the judgment overruling the motion for a new trial.

The first special ground complains that the State’s witness Gilmore was a volunteer prosecutor, and that Ezekiel Newing was a nominal prosecutor only, and that one of the jurors was a brother-in-law of Gilmore, having married his sister. While the defendant and two of his counsel made affidavits that they did not know of this relationship and that they could not have discovered it by…