Neill v. State

Simmons, Justice.

Neill was indicted in the court below for selling liquors without a license. Upon the trial of the case the jury found him guilty, and he moved for a new trial upon the several grounds set out in the motion. The motion was overruled by the court, and he excepted. The first three *780grounds of the motion are the usual ones, that the verdict was contrary to law and to the evidence. The 1st, 2d, 3d, and 4th grounds of the amended motion were on account of newly-discovered testimony. The 5th ground was, that the court erred in charging the rule of positive and negative testimony…