State v. Hart

HIGGINS, Justice.

The defendant was charged in an information with petty larceny of property worth in the sum of $58.40. He pleaded not guilty and elected to be tried before the district judge, who found him guilty of larceny of property of the value of $35.

He filed a motion for a new trial on the following grounds: (1) That the judgment of the court in finding him guilty was con-, trary to the law and evidence, because the testimony showed that he was so intoxicated as to be completely deprived of. the use of his faculties; and (2) that he had discovered four new witnesses, who would testify…