Rosser v. State of Arizona

Appellant, Rosser, was charged by information, filed by the county attorney of Yavapai county, with first degree murder, and upon his trial was found guilty of manslaughter. From a judgment of conviction he appeals.

His first complaint is of the order of the court denying his motion for a new trial, on the grounds of newly discovered evidence. This motion, which was supported by his affidavit only, is to the effect that Louis Hagin and Robert J. Dorrough were present and saw the trouble between defendant and deceased; that he did not subpoena them as his witnesses because the state had…