Brown v. State

1. The word “witnesses,” as employed in the last paragraph of section 6086 of the Civil Code (1910), refers to witnesses whose evidence is to be used on the merits of a case if a new trial is had. But where a new trial is asked in a criminal case on account of newly discovered evidence showing that a juror who sat in the case was biased or prejudiced against the defendant, the fact of such bias or prejudice does not have to be proved on the second trial, for if a new trial should be granted on account of the affidavit showing the juror’s bias or prej- . udice against the accused, this fact…