Staton v. State

James S. Staton was indicted and tried for the murder of Thomas J. Martin. He was found guilty, with a recommendation to mercy, and was sentenced to life imprisonment in the penitentiary. He filed a motion for new trial, which was amended by the addition of two special grounds. The motion was over*720ruled, and he excepted. The special grounds of the motion for new trial are (1) because of certain newly discovered evidence; and (2) because of the failure of the judge to charge the law with reference to the defense of alibi.

The evidence was sufficient to authorize the verdict. It tended to show…