Chisum v. State

George Rose Smith, Justice.

On May 26 of this year we affirmed Chisum’s conviction for manslaughter. Chisum v. State, 273 Ark. 1, 616 S.W. 2d 728 (1981). His petition for rehearing was denied on June 29. On October 23 he filed the present petition seeking the permission of this court under Criminal Procedure Rule 37.2 (a) to file in the trial court a motion for a new trial on the ground of newly discovered evidence. The petition must be denied, for two fundamental reasons.

First, our present Rule 37 is essentially the same as our earlier rule governing postconviction relief. That rule, adopted…