Bennett v. State

on motion for rehearing. ,

HAWKINS, Judge.

— In its motion for rehearing the state sets out the evidence given by Fred Clark upon a hearing of the motion for new trial, and relies upon such testimony in connection with the other matters discussed in the original opinion as justifying the trial court in determining that if Walling, the absent witness, testified as expected his evidence would not be true. It is insisted that the court’s finding upon the matter should not be disturbed. No affidavit of Walling was attached to the motion. Clark was night watchman in the town of Amherst. Upon the…