Ross v. State

Me. Chief J ixstioe Neil

delivered the opinion of the Court.

Plaintiff in error was indicted in the circuit court of Grreene county for having unlawful carnal knowledge of one MacMe Burnett, a girl under the age of consent. He was convicted, and sentenced to a term of four years in the state penitentiary. Prom this judgment he has appealed and assigned three errors: First, that the trial judge erred in refusing to continue the cause on an affidavit filed; secondly, because he refused to grant a new trial for newly discovered evidence; *390thirdly, that the evidence preponderates against the verdict.