Deuran v. State

In his motion for rehearing appellant insists that we were wrong in holding that the trial court committed no error in declining to grant a new trial on the alleged newly discovered evidence of Lester Wilkerson. It is contended that the new evidence would have contradicted the testimony of Jarrell Herring, a witness for the State.

The evidence seems to establish the fact that Johnson (deceased), Corbell, Jones and appellant engaged in a dice game in a garage in the town of Melvin while waiting for the water to recede at a road crossing on the creek. Johnson and Corbell lost to Jones and…