State v. Witt

The defendant, William Witt, and Ms son Lawrence F. Witt •were jointly indicted for the crime of arson in the second degree. On a separate trial the defendant was convicted of arson in the tMrd degree and appeals from the order denying his motion for a new trial.

There are two questions:(1) Whether the evidence sustains the verdict.(2) • Whether there was error in denying the defendant’s motion for a new trial based upon the ground of newly discovered evidence.

The defendant lived with his family in Dodge Center, in Dodge county. His son Lawrence conducted a pool room in the village and in…