State v. Smith

ROGERS, Justice.

Elson Smith was indicted for carnal knowledge and convicted of the offense charged. Prom his conviction and the sentence thereon, defendant has appealed.

Alleging the discovery of new evidence, defendant has filed a motion to remand the case for the introduction thereof.

Defendant alleges that in a bill of particulars, it was charged he committed the offense of which he was convicted on April 28, 1933; that at the time of the trial the prosecuting witness was pregnant, and that said pregnancy resulted in the birth of a child on January 13, 1934, as shown by the certificate of…