Caswell v. State

The motion for a new trial in this case contains two special grounds, each of which is based upon newly discovered evidence. The newly discovered evidence in the first of these grounds is that of a threat made by the deceased against the plaintiff in error, in which the former is alleged to have said that he was going to kill the latter. One of the firmly fixed rules of practice in this State is that each special ground of a motion for a new trial mtust be complete within itself. A new trial will not be granted on such a ground unless, without reference to any other portion of the record, it…