Wiley v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

Appellant predicates his motion for rehearing upon his complaint that the trial court erred in not permitting him to withdraw his notice of appeal and grant him a new trial on claimed newly discovered evidence.

The trial court set the matter down for hearing and heard evidence thereon which is before this court in a separate statement of the facts developed on said hearing. The trial court did not refuse to permit the withdrawal of the notice of appeal because he thought he had lost jurisdiction of the case. His reason appears in the…