People v. Rosenberg

The defendant was convicted of the crime of burglary and this appeal is from an order granting his motion for a new trial.

The first point raised is that the court abused its discretion in making the order complained of. It is argued that while the motion was made on all of the statutory grounds set forth in section 1181 of the Penal Code, it referred specifically only to the ground of newly discovered evidence; that counsel for respondent presented that ground alone in his argument; that the court was therefore limited to that ground in considering the motion; and that the order must be…