City of Dayton v. Martin

Defendant-appellant appeals from the denial of his motion for new trial. The motion, as supplemented, was based on a claim of newly discovered evidence that could not, with reasonable diligence, have been discovered and produced at the trial. The record affirmatively suggests that the trial court committed an error of law in its consideration of Martin’s motion for new trial. Accordingly, the trial court’s denial of the motion will be reversed and the cause will be remanded to the trial court for additional consideration and findings.

I

Martin was tried, without a jury, on charges of criminal…