Walter Brewing Co. v. Hoder

Plaintiff in error, to whom we will hereinafter refer as defendant, was accused jointly with Calvin LeRoy Overby in a two-count information charging aggravated robbery and conspiracy to commit robbery. He was tried separately and convicted on both counts of the information. After motion for a new trial was overruled, he was sentenced to the state penitentiary for a term of not less than fifteen years, to life. This judgment was pronounced July 9, 1954, and on September 10, 1954, a supplemental motion for new trial, based upon newly discovered evidence, was filed. This motion was denied September 16, 1954, and defendant, seeking reversal of the judgment, brings the cause to this Court for review by writ of error.