Sanders v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

— Appellant insists that we should consider his motion for new trial and the affidavits attached thereto as showing newly discovered evidence of a material character, and that he did not have a fair jury. We have examined the authorities cited by appellant and others.

It is admitted that unless we can consider the affidavits attached to the motion for new trial as substantiating appellant’s contention, his claims are unfounded.

While it is unquestionably true, as appears from many of the early opinions, that this court declined to consider as evidence…