Tyre v. State

This extraordinary, motion for a new trial presents two questions: First, one of the twelve jurors who rendered the verdict against the plaintiff in error is alleged to have been an incompetent juror because of certain alleged statements made by him showing his bias and prejudice against the plaintiff in error. Second, alleged newly discovered evidence. As to the first of these the State made a counter-showing, and as to the second it appears that the alleged newly discovered evidence comes from a witness who testified in the case. Under the facts of this case and the principles announced in…