State v. Elliott

The defendant was charged and convicted of the crime of carnal knowledge of a girl under fifteen years of age. From an order granting a new trial, the state appeals.

The state’s evidence of the perpetration of the crime came from three witnesses: the prosecutrix, James Hayden, and Melvin Motland.

Some days subsequent to the verdict, Motland recanted the testimony he gave at the trial. In the order granting the motion for a new trial, the court recited:

“Notwithstanding the fact that a case sufficient to be taken to the jury was made out upon the testimony of [the prosecuting witness] and James…