Collins v. State

ON REHEARING.

October 17, 1923.

MORROW, Presiding Judge.

— State’s counsel insists that the rules of practice preclude the consideration by this court of the affidavits embraced in the motion for new trial to which reference is made in the original opinion. ICo maintains this position because of the recital in the judgment overruling the motion for new trial to the effect that “said motion and the evidence thereon having been heard by the court.” It is the rule that when the motion for new trial raises questions of fact, the trial judge lias the privilege of determining whether they are true,…