Adams v. State

SIMPSON, Judge.

From a judgment of conviction of murder in the second degree, defendant brings this appeal.

Upon trial, the evidence for the State was ample to support the verdict, whereas that for the defendant strongly negatived the fact of guilt of homicide in any degree. The issue was thus plainly for the determination of the jury and this court cannot sit as one of original trial and thereby supplant its findings.

With respect to the motion for a new trial, predicated upon newly discovered evidence, the authorities are uniform that in such case decision thereon largely rests within the…