Smith v. State

Defendant contends that judgment of conviction should be reversed, because—(1) The evidence failed to prove beyond a reasonable doubt that the fatal bullet was discharged by defendant;(2) A new trial should have been granted in the interest of justice and upon the ground of newly discovered evidence;(3) Defendant was prejudiced by various errors occurring during the course of the trial.

The facts of the case are as follows: On Sunday, November 22, 1942, one Jeff Thompson was shot to death in the city of Milwaukee. On November 21, 1942, defendant went to work at 6 a. m. and returned home about…