Simmons v. State

An indictment for murder was found against Fitz Simmons. He was tried and convicted. He moved for a new trial, and the motion was overruled. • He excepted. From the brief of evidence it appears that in the trial of the case the State introduced a witness who testified as follows: “ I think there was something said in the defendant’s presence about his arrest and what he did at the time. The officers down there told me that he attempted to shoot the officers when they arrested him. I think that the defendant was present when this was told me. The policeman caught hold of him first, and he put…