State v. Roberts

— Having been convicted by a jury upon a charge of unlawful manufacture with intent to sell intoxicating liquor in the court below, appellant moved for a new trial. His motion was based upon all the statutory grounds, but his chief reliance there and on appeal is newly discovered evidence material for him which he could not have discovered with reasonable diligence and produced at the trial.

The only errors assigned are in overruling his motion for a new trial and in entering judgment on the verdict.

The newly discovered evidence is that of one James Raymond. The affidavit supporting the claim…