PER CURIAM:
Appellant was charged, tried, and convicted of selling a narcotic drug. Thereafter, a motion for new trial was made and denied, and on November 15, 1949, a judgment on the verdict was entered. December 13, 1949, appellant filed in the superior court his petition for vacation of the judgment or for a new trial. This petition was based upon an affidavit signed by Roscoe Simmons in which it was stated that he, Simmons, committed the crime for which appellant...
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