Hopkins v. Commonwealth

Cole, S.J.,

dissenting.

The majority neither correctly states nor applies Virginia law. A motion to set aside a jury verdict on the grounds of after-discovered evidence is addressed to the sound discretion of the trial judge, who has seen and heard the witnesses. The majority eliminates all discretion in the trial judge to weigh conflicting evidence and requires him to grant a new trial when the after-discovered evidence conflicts with the evidence presented during the trial. I do not agree with this view.

The leading case in Virginia on after-discovered evidence is Odum v. Commonwealth, 225 Va.…