State v. Hendrix

The opinion of the court was delivered by

Breaux, J.

The defendant in this case was found guilty of shooting with intent to kill.

Prom a sentence and judgment condemning him to serve eighteen months at hard labor in the penitentiary he appeals.

The defendant moved for a new trial on the ground of newly discovered evidence.

In his motion for a new trial he averred that he had since the trial discovered material and competent evidence which he could not have discovered with due diligence prior to the trial.

That the witness he desired to have examined was within reach of the process of the court;…