Banks v. State

On Motion for Rehearing.

MORROW, P. J.

The motion for rehearing is based upon the court’s refusal to grant a new trial upon the ground of alleged newly discovered evidence. Appellant insists that, although the statement of facts heard on the motion for new trial was not filed during the term, the circumstances are such as demand its consideration. The verdict was rendered on the 16th of March; the term of court closed on the 1st of April. The mo.tion for new trial was filed on the 18th of March, and an amended motion on the 23d of that month. Attached to the amended motion was the affidavit of…