State v. Cook
Idaho Supreme Court
APPEAL from the District Court of Third Judicial District for Boise County. Hon. Geo. H. Stewart, Judge. The defendants were convicted of grand larceny and sentenced to a term of four years in the penitentiary. We believe the true rule to be that where the new evidence would probably bring about a different result, so long as diligence in its search and the materiality of its nature are established, then a new trial should be granted.
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APPEAL from the District Court of Third Judicial District for Boise County. Hon. Geo. H. Stewart, Judge. The defendants were convicted of grand larceny and sentenced to a term of four years in the penitentiary. We believe the true rule to be that where the new evidence would probably bring about a different result, so long as diligence in its search and the materiality of its nature are established, then a new trial should be granted. The real test of whether a new trial should be granted on newly discovered evidence is: “ Is this testimony probably true, and will it likely change the…
1Opinion of the CourtSullivan, J.
The appellants were, by information filed May 26, 1905, accused of the crime of grand larceny. The property alleged to have been stolen was a dark brown mare about fourteen months of age, of the value of $100 and the property of Andrew Evans. On June 8, 1905, the ■ defendants plead “not guilty.” Thereafter trial was had and they were found guilty as charged in the information, and each of the defendants, was sentenced to the state penitentiary for a term of four years. A motion for a new trial was made setting forth various errors alleged to have been committed by the trial court, and also…
2Cases cited14 opinions
- Commonwealth v. ChanceMassachusetts Supreme Judicial Court · 1899
- People v. SuttonCalifornia Supreme Court · 1887
- People v. Woon Tuck WoCalifornia Supreme Court · 1898
- State v. DavisIdaho Supreme Court · 1898
- Curran v. A. H. Stange Co.Wisconsin Supreme Court · 1898
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3Cited by4 opinions
- State v. DrapeauIdaho Supreme Court · 1976
- State v. StevensIdaho Supreme Court · 2008
- Federal Mining & Engineering Co. v. PollakNevada Supreme Court · 1939
- State v. StevensIdaho Supreme Court · 2008