State v. King

James Curtis King appeals from an order of the Circuit Court of Cabell County denying his motion for a new trial under Rule 33 of the West Virginia Rules of Criminal Procedure based on newly discovered evidence. The evidence King relied on was a written confession made after his trial by a third person. Finding no error, we affirm.

Rule 33 provides that a court upon motion may grant a new trial if required in the interest of justice. Our traditional statement of the law about the requirements for a new trial on the basis of newly discovered evidence is:

“A new trial will not be granted on the…