White v. State

The appellants were indicted at the March term, 1855, of the Pope Circuit Court, under the 5th section of the 5th Article of the 51si chapter of the Digest, under the title of “ Sabbatii BREAKING.” There were two counts. The first was under the 1st clause in the 5th section ¡ and the other, under the second clause of the same section. At the September term, 1855, the defendants pleaded not guilty; were tried by a jury, convicted and fined ten dollars each.

At the same term, the defendants filed a motion for a new trial, on the ground of newly discovered evidence since the trial and verdict.…