PHELPS, Justice.
This appeal is prosecuted by defendant from an order of the trial court denying defendant's motion for a new trial based upon newly discovered evidence.
Defendant was convicted of murder in the first degree on June 19, 1953, and in accordance with the jury's verdict a judgment and sentence of death was imposed. On an appeal therefrom we affirmed the judgment and fixed a new date for the execution. State v. Thomas,
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