State v. Nicks

MR. CHIEF JUSTICE HARRISON:

Appeal from judgment of conviction of the crime of commit ting a lewd and lascivious act upon the body of a female child of the age of ten years.

This cause was set for hearing by this Court for April 23, 1957. On April 22, 1957, the defendant herein filed in this court a notice and motion for new trial based upon new evidence discovered material to the defendant which he could not with reasonable diligence have discovered and produced at the trial. The motion was made and based upon affidavits of a witness who testified at the trial, and one of the attorneys for the…