Middleton v. State

At the time defendant sought to prove a threat by the assaulted party against the defendant to which exception was reserved, there was no evidence tending to prove self-defense, or of an overt act on the part of the assaulted party. The ruling of the court was at that stage of the. proceedings, without error. Moreover after evidence of self-defense had been introduced, defendant had the benefit of this evidence without objection.

The evidence offered on motion for new trial in support of the motion on the ground of newly discovered evidence was either cumulative or it was not shown that due…