State v. Petro

This is a separate appeal growing out of cause No. 31097, State v. Petro, ante, 473.

Appellant assigns as error the affirming of the judgment of the trial court in overruling defendant’s motion for new trial on the ground of newly discovered evidence, material to the defendant, and which he could not with reasonable diligence have ascertained and produced at the trial.

The motion reads:

“Now comes Julius Anthony Petro, defendant in the foregoing matter, and moves this honorable court for an order vacating and setting aside the verdict ■of the jury in this cause rendered on the 18th day of June,…