Prator v. State

Prator was indicted for assault with intent to murder, and convicted of shooting at another. All grounds of the motion for new trial were apparently abandoñed, éxcept that of newly discovered evidence. The newly discovered evidence is to the effect that one Harvey, the main witness for the prosecution and the person who was shot at', stated to the witness whose testimony is sought to be produced upon another hearing that he was starting to the defendant with his ax, and still advancing upon him (although repeatedly requested to stop), at the time that the defendant fired his pistol. It does…