California, United States of America
The following excerpt is from People v. Hedgecock, 214 Cal.App.3d 1082, 247 Cal.Rptr. 404 (Cal. App. 1988):
13 Penal Code section 1181, subdivision 8, applicable only to motions for new trial based on insufficiency of the evidence, does contain an affidavit requirement. (See People v. Pic'l (1981) 114 Cal.App.3d 824, 878-879, 171 Cal.Rptr. 106.) Subdivisions 2 and 3 of section 1181, which deal generally with jury misconduct and tampering, contain no similar requirement.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.