Barrow v. State

The ruling stated in the headnote determines the only serious question in the case. Apparently there was no error in the refusal to grant a new trial upon the alleged newly discovered evidence, but we forbear to express any opinion as to this, because upon the new trial which, for the reason stated in the headnote, we feel constrained to grant, the accused will have the opportunity of submitting that testimony to the jury.

The evidence in the record fully warranted the verdict of guilty, but the werdict can not be held to have been demanded; and for that reason, since a grave irregularity must…