State v. Perry

On May 3, 1977, defendant was convicted of possession of marijuana with intent to distribute. The order for appeal was timely filed and signed, but delays connected with the transcript have prevented the lodging of the record in this court. Defendant alleges that he has new evidence of a bargain between the prosecution and its witnesses, and that this forms a sufficient basis for a motion for a new trial under La.C. Cr.P. art. 851(3).

La.C.Cr.P. art. 853 provides: “When the motion for a new trial is based on ground (3) of Article 851, the motion may be filed within one year after verdict or…