Miller v. State

Plaintiff in error, hereinafter called defendant, was convicted in the district court of Muskogee county of the crime of manslaughter in the first degree, and her punishment fixed by the court at imprisonment in the state penitentiary for a period of eight years.

The defendant contends, first, that the court erred in overruling her motion for a new trial on the ground of newly discovered evidence. Attached to the motion was the affidavit of one John York, a merchant policeman of Muskogee, who swore that he went to the place of the homicide shortly after the killing and that he discovered an…