McLeod v. State

1. It is insisted that a new trial should be granted in this case on account of alleged newly discovered evidence. When all the evidence, embodied in the .brief thereof attached to the motion for a new trial, is considered, it is apparent that the witness who made affidavit to this'newly discovered evidence did not see all that happened during the fight between defendant and deceased; that what he testified, even if true, is but a part of what happened, and is not inconsistent with the verdict rendered, and does not require the grant of a new trial. Moreover, in passing upon this ground of…