Fouraker v. State

The plaintiff in error excepts to the overruling of his motion for new trial. The motion was based in part upon the ground of newly discovered evidence. One M. C. Kite swore, by affidavit, that at the time of the shooting with which the defendant was charged, he was present and was looking at the defendant, and that the defendant was standing near a railroad crossing and within a few steps of him, and did not fire any shot or have any gun. The prosecutor was shot with a gun, and consequently the evidence of this witness would have been very material, and perhaps would have caused a different…