Willis v. State

1. The only special ground of the motion for a new trial is as follow's: “That under the evidence for the State in the trial of the case against him, he w'as guilty, if guilty at all, of the offense charged -only as principal in the second degree, the undisputed evidence showing that Thomas Dell Gato actually perpetrated the offense, and that movant merely aided and abetted in the act. Movant says that after his conviction the said Thomas Dell Rato, having been' jointly indicted with movant, w’as put upon his trial, and was acquitted. Movant contends that under the law' the acquittal of the…