State v. Duncan

Defendant was convicted on a hit-and-run driving charge under Sec. 19, Chap. 52, Laws of Utah 1941. He assigns as error (1) the refusal of the trial court to recall the jury and permit him to reopen the case to have a witness subpoenaed by the State testify as to the exact time the offense was committed, and (2) the denial of his motion for a new trial based in part on newly discovered evidence.

Prior to trial defendant gave notice of a defense alibi, which notice recited that he was at Coconut Grove Ballroom in Salt Lake City between 9:15 and 10 :45 P. M. on the night of June 12, 1942, which…