Kimbrell v. State

William Kimbrell and Clarence Hart were jointly indicted for the offense of burglary.. Hart was first put on trial and convicted. Subsequently Kimbrell was tried and convicted, and his motion for new trial was overruled. On the defendant’s trial, Clarence Hart and his mother (Mrs. Hart) testified in behalf of the defendant, and were cross-examined by the solicitor-general.

The general grounds of the motion for new trial are not argued or referred to in the brief of counsel for the plaintiff in error, and are treated as abandoned.

The first special ground of the motion complains of the following…