Ferguson v. State

Quillian, Justice.

Billy Ferguson, convicted of murdering Luke A. Brown with a certain pistol, filed an extraordinary motion for new trial alleging the discovery of material evidence subsequent to the trial. The evidence that was the basis of the motion was the testimony of one Harold M. Adams that between 8 and 8:30 on the morning of the homicide, some thirty minutes after the same was committed, he visited the scene of the tragedy, the deceased’s repair shop, and saw a pistol lying about a foot or two from and on the west side of the deceased’s body. The witness did not identify the pistol…