Stembridge v. State

(After stating the foregoing facts.)

Code § 70-204 states in part as follows: “A new trial may be granted in all cases when any material evidence, not merely cumulative or impeaching in its character, but relating to new and material facts, shall be discovered by the applicant after the rendition of a verdict against him.” Extraordinary motions for a new trial based on newly discovered evidence are provided for in Code § 70-303. From the affidavits attached to the motion it appears that the defendant’s attorneys could not, in the exercise of all diligence, have discovered prior to the trial…