Spaulding v. State

Upon a trial on an indictment for murder in the first degree, the defendant Spaulding was found guilty, and his punishment .was assessed at imprisonment for life. A motion for a new trial was overruled, and judgment was rendered upon the verdict.

The defendant appeals, and assigns for error the ruling on the motion for a new trial. The reasons stated in the motion, and not waived by failure to discuss them, were: (1) That since the trial the defendant has discovered new evidence, material to him, which he could not with reasonable diligence have discovered and produced at the trial; (2) that…