State v. Whipple

The defendant has appealed from an order of the district court overruling his motion for a new trial upon the ground of newly discovered evidence.

The defendant was originally convicted on one count of assault and battery and one count of assault with intent to commit robbery. The convictions were affirmed on appeal to this court. See State v. Whipple, ante p. 259, 202 N. W. 2d 182. The facts of the crime are set out in that case. Approximately one month after the defendant’s trial, Richard Colgrove, a companion, was *724tried on 'similar charges arising out of the same events. He was found guilty…