State v. Sears

This appeal is prosecuted by the State from an order of the trial court granting defendant’s motion for a new trial as authorized by the Criminal Procedure Act, Chapter 19554, Acts of 1939.

Although, in seeking a reversal', the State has argued the several grounds set up in motion for new trial it does not appear necessary to discuss any grounds save the one of newly discovered evidence and whether it met the requirement of the Criminal Procedure Act. We therefore limit this treatment to that question.

Section 241 of the Criminal Procedure Act among other things provides that the court shall…