State v. Jordan

Appellant was charged, tried, and convicted of selling a narcotic drug. Thereafter, a motion for new trial was made and denied, and on November 15, 1949, a judgment on the verdict was entered. December 13, 1949, appellant filed in the superior court his petition for vacation of the judgment or for a new trial. This petition was based upon an affidavit signed by Roscoe Simmons in. which it was stated that he, Simmons, committed the crime for which appellant had been convicted. After the court listened to evidence upon the petition, an order was entered denying it.

The statement of facts in the…