State v. Marshall

Appellant was prosecuted for and convicted of the involuntary manslaughter of Jean Smith, aged 11. On his appeal two errors are assigned. First, that the trial court should have granted his application for a new trial on the ground of newly discovered evidence, proffering the testimony of one Stokesbury; and second, insufficiency of the evidence to support the verdict and judgment.

As ground work, the evidence herein fairly discloses that during the afternoon of December 14, 1937, appellant, married, accompanied by Mrs. Mabel Pierson, a young lady friend of his family, left Ontario, Oregon, by…