Smith v. State

Darrell Hickman, Justice.

Ronald Shane Smith was convicted of second degree murder on August 11,1989. He filed his notice of appeal on August 24,1989. The record is due to be filed with our clerk on February 14, 1990.

Smith has filed a motion asking for permission, under A.R.Cr.P. Rule 37, to file a motion for a new trial with the trial court. The basis for the motion is newly discovered evidence consisting “of two statements made by a Frank Pilcher, which would indicate that parties other than the petitioner were responsible for the death of the victim in the instant case.”

The state points out…