Steward v. State

In the circuit court of Simpson county, appellant was indicted; tried, and convicted on a charge of assault and battery with intent to kill and murder Angplo Smith. The court sentenced the appellant to serve a term of seven years in the state penitentiary. He filed a motion for a new trial in the lower court, alleging newly-discovered evidence, the gist of which was that two witnesses would swear that Angelo Smith, the prosecuting witness, had made contradictory statements out of court to them, which statements were to the effect that he did not know who shot him. The motion for a new trial…