State v. Daymus

STRUCKMEYER, Justice.

Gary Daymus, appellant herein, was convicted of drawing a check on insufficient funds in violation of A.R.S. § 13-316, and on appeal the conviction was affirmed. State v. Daymus, 90 Ariz. 294, 367 P.2d 647. He now appeals from an order denying a new trial for newly discovered evidence presented under Rules of Criminal Procedure, Rule 310, 17 A.R.S.

A new trial for newly discovered evidence is mandatory if its introduction at the trial would probably have changed the verdict and if the defendant could not, with reasonable diligence, have discovered and produced the evidence…