Foxwell v. State

This was a prosecution for murder in the first degree.

The indictment charged the appellant, TIarry T. Fox-well, with the murder of John W. White.

Upon an arraignment, a plea of not guilty and a trial by a jury, a verdict was returned finding the appellant guilty as charged, and fixing his punishment at imprisonment for life.

A motion for a new trial was interposed and overruled, and judgment followed upon the verdict.

Error is assigned here upon the overruling of the motion for a new trial.

One of the causes assigned for a new trial, and the' only one discussed by counsel for the appellant, was :

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