on state’s motion for rehearing.
MORROW, Presiding Judge.State’s motion for rehearing is founded upon the contention that the diligence in ascertaining the existence of newly discovered evidence was not sufficient to comply with the •statutory demand. On re-examination of the record, we are confirmed in the conclusion that the evidence of diligence was sufficient and that upon hearing of it a new trial should have been accorded the appellant.
The motion for rehearing is overruled.
Overruled.