State v. Lowry

The opinion of the court was delivered by

Hoch, J.

A brief opinion was filed in this case on July 14, 1947, reversing the judgment because of error in the admission of' incompetent evidence, granting a new trial and announcing that a fur*623ther opinion would be filed latér. At that time we directed the release of the appellant, upon bond, pending such new trial.

Appellant was convicted and sentenced under section 42 of the crimes act (G. S. 1935, 21-435). He appeals from an order denying his motion for a new trial, asserting that the trial court erred in admitting incompetent evidence, in unduly…