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GOMMONWBAI/TH. (Supreme Court of AppeaUi of Virginia. Jan. 1. Cbiicinal Law — Afpkax* -* BxvxBw ojr Facts— Rule of Decision. Under tlie express provisioiis of Code 1904» I 8484, where the evidence and not the facts are certified, the rale of decision in the appel- late court Id considering the evidence is the same as on a demurrer to the evidence. 2. Same— New Tbial—Newlt Discovxbed Evidence. In order to entitle accused to a new trial on the ground of newly discovered evidence* the evidence mos...t have been discovered sinee the trial. It must have been such that it could not have been discovered before the trial by the exercise of reasonable diligence. It must be material, and such as should produce an op- posite result on the merits, and It must not be merely cumulative, corroborative, or collateral. [Ed. Note. — For cases in point, see voL 15, Cent Dig. Criminal Law, §§2306-2336.] 8. Saicb. In a prosecution far rape, the evidence of ldintlQ'*ation was conflicting and unsatisfac- tory, and it was testified on the trial that de- tectives, while watching defendant in his house, caw hijp.
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