Smith v. State

The appellant was indicted, tried and convicted on the charge of attempting to commit a felonious assault upon the prosecuting witness, by shooting at him with intent to kill. The punishment inflicted was imprisonment in the State’s prison for two years, and a fine of one dollar. At the time of the commission of the alleged offense the appellant was in the eighteenth year of his age.

After the finding of the jury, a motion was made for ‘ a new trial, embracing a number of causes, among which was newly discovered evidence. Subsequent to the filing of the affidavit of appellant in support of his…