Perry v. State

1. This is an extraordinary motion for a new trial in a murder case where the accused is under sentence of death. A new trial is sought upon the ground of what is claiméd to be newly discovered evidence, and on account of the alleged disqualification of a juror. The alleged newly discovered evidence consisted of the testimony of witnesses who were present at the scene of a difficulty between the accused and the deceased, which preceded the killing, and is claimed to have been sufficient provocation for the homicide. The substance of all this testimony is that the accused was very badly…