State v. Estep

Merlin Estep was convicted of grand larceny in the district court of Hill county and sentenced to serve a term in the state prison. Motion for a new trial was made upon the ground of newly discovered evidence. Affidavits were filed by the defendant and the state, and thereafter the court denied the motion. This appeal is from the judgment and from the order denying defendant’s motion for new trial.

Two assignments of error were made, viz.: (1) That the evidence is insufficient to support the verdict and judgment; and (2) that the court erred in overruling the motion for a new trial.

The…