State v. Wheat

Wilson, O. J.

Defendant appealed from an order denying his motion for a new trial. He was convicted of carnally knowing one Mildred Morrow under 18 years old. Upon the trial she testified unequivocally to the commission of the offense. There were other evidence and circumstances in corroboration of her positive accusation. The offense was charged as of April 15, 1924. Defendant was tried in October, 1924. A motion for a new trial upon the ground of newly discovered evidence was made in May and denied in July, 1925.

The newly discovered evidence is shown by an affidavit of Mildred Morrow, now…