Rogers v. State

1. The accused having been convicted of the crime with which he was charged and his motion for a new trial having been overruled, and the judgment overruling the motion having been affirmed by this - court, it was not error for the court below to overrule an extraordinary motion for new trial, inasmuch as it does not appear that such an *590extraordinary state of facts was shown by the affidavits submitted upon the hearing of the extraordinary motion as would probably produce a different result if a new trial should be granted; nor does it appear that so much of the newly-discovered evidence as…