Gasper v. People

The defendant was charged with owning, possessing, and operating a still for the manufacture of intoxicating liquor, and he comes here on error to review the judgment on a verdict -against him, and moves for a supersedeas.

The only, assignment of error urged upon the application for a supersedeas is the action of the district court, denying defendant’s motion for a new trial, which was based upon the ground of newly discovered evidence.

It is clear, from an examination of the transcript, that the matters presented in the motion and affidavit for a new trial did not constitute newly discovered…