Moore v. State

Thompson, Justice.

Kenneth Dean Moore was convicted of malice murder for shoot ing Frank Lee Polke. He appeals, asserting he should be awarded a new trial on the ground of newly discovered evidence.

Viewed in a light to uphold the verdict, the evidence demonstrates the following: Moore and Polke crossed paths because Moore was a drug user and Polke was a drug seller. As a result of their dealings, Moore and Polke became hostile to one another.

Several days before the murder, when Moore was buying drugs from another dealer, Polke hit him with a brick. That led Moore and his nephew, James Monroe…