TOWNSEND, J.
1. The fourth special ground of the amended motion for new trial is first considered. J. O. Clark, a witness for the State who was a member of the prosecutor's party, was the only witness to positively identify the defendant as a member of the group assaulting the automobile, and to testify that he saw this defendant take an axe from another person and with it demolish the trunk of the automobile. He further testified that Pethel later told him "he wasn...
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