Smith v. State

Smith was indicted for the murder of Ellis Powers. *612On his trial he was convicted, without a recommendation; and was sentenced to be electrocuted. He moved for a new trial on the formal grounds, and upon certain special grounds. The trial judge overruled his motion for new trial, and to this ruling he excepted.

Seven grounds of the motion for new trial are based upon newly discovered evidence. The evidence in six of these grounds consists of statements and conduct of the deceased, tending to show a purpose on his part to debauch two of the daughters of the defendant, and of warnings by the…