Davis v. State

Wyatt, Justice.

The evidence offered by the State makes a case of murder. There being ample evidence to warrant the verdict, the general grounds of the motion for new trial are without merit.

Special grounds one and two of the motion for new trial are based upon newly discovered evidence as to the disqualification of one of the jurors who tried the defendant. These grounds of the motion are supported by the several affidavits required, and disclose that the juror in question was related to the prosecutor within the 9th degree, but not within the 6th degree, as calculated by the rules of the…