Beaver v. State

Plaintiff in error, hereinafter called defendant, was convicted in the district court of Adair county of the crime of larceny of live stock, and- his punishment fixed by the jury at confinement in the state penitentiary for a period of two years.

Defendant contends first that the court erred in overruling his motion for a new trial on the ground of newly discovered evidence.

It appears from the record that defendant was given a preliminary trial in August, 1931, and was tried in the district court on the 21st day of October, 1931; that immediately after the preliminary, he employed W. A.…