Sullivan v. State

Appellants were charged by affidavit with the crime of robbery. They entered a plea of not guilty. The issues were tried by the court without the intervention of a jury, who found appellants guilty as charged in the affidavit and rendered judgment on said finding.

The only question presented by this appeal is the overruling of appellants’ motion for a new trial as to specification 6, which relates to newly discovered evidence. The newly discovered evidence is an affidavit of one Ora A. Miller. Omitting the caption and signature it is as follows:

“Q. On or about December 14th, 1934, in Gary,…