Fehn v. State

Hill, C. J.

The alleged newly discovered evidence not being merely cumulative or impeaching in its nature, and being of such character as on a second trial would likely produce a different result, the trial court erred in overruling the motion for a new trial. Judgment reversed.

J. E. Rosser, W. M. Henry, for plaintiff in error. John W. Bale, solicitor-general, contra.