Fowler v. State

Atkinson, Justice.

(After stating the foregoing facts.) The issue of fact as to what occurred at the time of the shooting was a question for the jury, and there being sufficient evidence to authorize the verdict, the court did not err in overruling a motion for new trial on the general grounds.

The first ground of the amended motion* is based upon newly discovered evidence of John Jenkins. - This witness had testified as a State’s witness, that a few minutes before the homicide the deceased was walking in a path toward and near the rear of the home of the accused, and that he called the…