Wasy v. State

On Petition for Rehearing

Arterburn, J.

The appellee has filed a petition for rehearing with counter-affidavits attached thereto by *221the prosecuting attorney in which he attempts at this time in this court to put in issue and to contradict certain allegations made in affidavits filed in the court below in support of the motion for a new trial and a motion for a continuance. Our opinion was based in part upon the uncontradicted affidavits filed in the court below. We pointed out in that opinion that the specifications and allegations in the motions stood uncontra-dicted by reason of the fact that…