Hamilton v. State

Whitman, Judge.

1. E. J. Hamilton and his brother, Charles Hamilton, were convicted and sentenced to the penitentiary for the offense of accessory before the fact of burglary.

This appeal is from an order of the trial court overruling defendants’ extraordinary motion for new trial. The same is enumerated as error.

2. “A new trial may be granted in all cases when any material evidence, not merely cumulative or impeaching in its character, but relating to new and materials facts, shall be discovered by the applicant after the rendition of a verdict against him. . .” Code § 70-204. But…