State v. Nimerick

The opinion of the court was delivered by

Graves, J.:

The appellant was convicted in the Allen county' district court of selling intoxicating liquor and maintaining a common nuisance in violation of the prohibitory liquor law. After conviction he filed a motion for a new trial as to the nuisance, which motion contained several grounds, but he relied solely upon the ground of newly discovered evidence. The motion was denied, and he brings the case here for review. The only error presented is the Refusal of the district court to grant a new trial. The showing made upon the application consisted…