State v. Sherron

The substance of the new evidence referred to in defendant’s motion for a new trial was: First, a letter dated 7 August 1968 purportedly written by defendant’s wife, who was prosecuting witness at the trial which resulted in his conviction and imprisonment, stating that at the time of the trial she was pregnant by another man; and second, the complaint in a divorce action verified by the wife on 18 March'1969, in which she alleged that the child had been bom of her marriage to defendant. Defendant contends that this evidence would show that at the time of his trial the prosecuting witness had…