Bradish v. State

Poland, Ch. J.

This is a petition for a new trial in a cause tried in the county court, in favor of the State against the petitioner, the same being an action for taking certain personal property. The petitioner asks for a new trial on the ground that since the trial, he has discovered material evidence in his' favor.

The counsel for the state filed a motion to dismiss the petition upon four grounds :

1. That the petition was not brought within two years from the rendition of the original judgment.

*4532. That it was not- properly served upon the adverse party.

3. Because not accompanied by the…