The following excerpt is from United States v. Costello, 255 F.2d 876 (2nd Cir. 1958):
The federal courts in varying circumstances have used either of two recognized tests or standards to determine when new trials should be permitted. One of these tests was originally laid down in the case of Berry v. State, 10 Ga. 511, 527, where the court listed the following six requirements:
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