Wafers v. State

BRETT, Judge.

This is an appeal from a conviction of the crime of attempted burglary in the second degree. The plaintiff in error, hereinafter referred to as defendant as he appeared in trial court, was charged jointly with three other persons. Defendant asked for a severance, which was granted; he was tried before a jury, and found guilty as charged. Motion for new trial was filed, in which one contention was that newly discovered evidence had been found, which with reasonable diligence could not have been discovered before the trial. Defendant’s motion for new trial was overruled, and…