Smith v. State

1. Where the question as to whether the deceased had a pistol in his possession and drew the same from his pocket at the time of the homicide was a contested issue on the trial, and both the State and the accused submitted testimony relative thereto, evidence alleged in a ground of a motion for a new trial to be newly discovered, that a pistol cartridge was found in the pocket of a vest worn by deceased at the time he was slain, if not merely cumulative and corroborative of the defendant’s witnesses introduced on the trial, was not of such gravity and probative valtte as to require the…