Order by

Under the case of the State v. Lee, 80 S. C., 367, recently decided by this Court en banc, the Circuit Court has jurisdiction to entertain a motion for a new trial on the ground of after-discovered evidence, notwithstanding the pendency of an appeal in this Court, and the proper practice is to make such motion in that Court.

*127 This Court is, however, not precluded from hearing the appeal now pending, and will do so unless there is other ground for continuance.