People v. McAllister

Pee Oueiam.

Defendant was found guilty of damaging a safe, OL 1948, § 750.531 (Stat Ann 1954 Rev § 28.799), and breaking and entering, MCLA § 750-.110 (Stat Ann 1968 Cum Supp § 28.305).

Defendant moved for a new trial on the grounds of newly discovered evidence. The new evidence is an affidavit of Gregory Johnson stating that he and one Larry West committed the offense and the defendant did not participate.

The test for granting a defendant a new trial based on newly-discovered evidence is as follows:

“The rule concerning granting a new trial on the basis of newly-discovered evidence requires…