Oppenheim v. State

1. A new trial will not be granted on account of alleged newly discovered evidence merely impeaching in its character, or relat-' ing to a matter immaterial to the issues involved in the trial. A new trial will tie granted upon the ground of newly discovered evidence only when it appears that the introduction of the evidence would probably, and, if credited, should, produce a different result on the second trial.

2. In relation to the prisoner’s statement on the trial, the court charged *481as follows: “He has a right to make to the court and jury such statement in this case as he may deem proper…