A Digest of Decisions in Criminal Cases, Contained in the Reports of the Federal Courts And the Courts of the Several States, From the Earliest Period to the Present Time

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345. In California, newly NEW TEIAL.
459 Grounds for.
Newly Discovered Evidence.
discovered evidence is not ground for a new trial under the statute (Wood's Dig. 304, § 440). People v. Bernstein, 18 Cal. 699.
197. Must have been unknown, and no want of diligence. Newly discovered evi- dence is a ground for a new trial when it was not known to the party at the time of the trial, and it was owing to no want of diligence that it was not known and pro- duced. Wise v. State, 24 Ga. 31 ; Milner v.
St
...ate, 30 lb. 137.
198. A. having been arrested and put in jail on a charge of assault with intent to murder, which was alleged to have occurred in a fight between a foreman and employees, the attorney of A., upon asking those who were present, was told that they did not know what part A. took in the affair. But after conviction, they stated that they were ready to testify that A. did not make the assault. Held ground for a new trial.
Thomas v. State, 52 Ga. 509.
199. Where the prosecution had a witness testify who had been convicted of an in- famous crime, and no objection was made, it was held that a new trial could not be granted the defendant upon discovering the incompetency of the witness after conviction.


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