Williams v. State

This appeal is prosecuted from a judgment convicting appellant of murder in the first degree, and the only error assigned is in overruling his motion for a new trial. The grounds of the motion for a new trial were that the finding of the court is not sustained by sufficient evidence and is contrary to law, and that new evidence material to the defense had been discovered.

1. The newly-discovered evidence relied upon was embodied in an affidavit by William M. Land, the material part of which was as follows: “That he had seen said James Leigh within one-half hour prior to that time at a saloon…