People v. Monroe

Memorandum. These two appeals, one brought by defendants Monroe and Welcome, and the other brought by defendant Monroe alone, arise from the same armed robbery committed in 1966. Both defendants were convicted after jury trial in 1967.

The first appeal, by both defendants, must be dismissed because it is from a denial of a postjudgment motion for a new trial on the ground of newly discovered evidence, a denial appealable to this court only in capital cases. In a noncapital case, it is in the discretion of the trial court and the intermediate appellate court to grant a motion for a new trial on…