STEWART, Justice.
Appellant, Clifton Chambers, was indicted at the February term, 1952, of the Montgomery Circuit Court for the crime of malicious shooting and wounding with intent to kill. KRS 435.170(1). He was tried, found guilty and his punishment fixed at confinement in the penitentiary for ten years. The one point urged for reversal is that the lower court erred in overruling his motion for a new trial on the ground of newly discovered evidence.
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