What is the test for a motion for a new trial on the ground of newly discovered evidence?
California, United States of America
The following excerpt is from People of the State of California, Plaintiff and Respondent v. Lorenzo Williams, Defendant and Appellant, 14 Cal.Rptr. 592 (Cal. App. 1961):
The determination of a motion for a new trial on the ground of newly discovered evidence is a matter within the discretion of the trial judge, and 'an appellate late court will not interfere except upon a clear showing of an abuse of discretion by the trial court.' People v. Greenwood, 47 Cal.2d 819, 821, 306 P.2d 427, 429.
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