People v. Mays

The defendant-appellant, Otis O’Dell Mays, was convicted of forgery - C.R.S. 1963, 40-6-1 — and his conviction was affirmed by this court. Mays v. People, 177 Colo. 92, 493 P.2d 4 (1972). Reference is made to the reports for an exposition of the facts rather than repeat them here.

Subsequent to our affirmation of Mays’ conviction, he filed a motion for new trial based upon newly discovered evidence. Crim. P. 33. The motion was supported by the affidavit of one Thomas Higgins. The trial court denied the motion. We affirm.

In his affidavit Higgins states that he and his wife were present when C.…