State v. French

I must respectfully dissent. I believe that the majority opinion, although it correctly sets forth several general principles of law, misapplies those prin*141ciples to the facts of this case, and ignores other applicable law. Under the particular facts of this case, it was error for the trial court to overrule defendant’s motion for new trial.

Section 29-2101, R. R. S. 1943, provides that a new trial may be granted to a defendant for “any of the following reasons affecting materially his substantial rights: * * * newly discovered evidence material for the defendant which he could not with…