State v. Thomas

PHELPS, Justice.

This appeal is prosecuted by defendant from an order of the trial court denying defendant’s motion for a new trial based upon newly discovered evidence.

Defendant was convicted of murder in the first degree on June 19, 1953, and in accordance with the jury’s verdict a judgment and sentence of death was imposed. On an appeal therefrom we affirmed the judgment and fixed a new date for the execution. State v. Thomas, 78 Ariz. 52, 275 P.2d 408. The motion for a new trial, here involved, was filed on December 2, 1954, under the provisions of Rules Cr.Proc. 357(c) (section…