People v. Gaines

Defendant appeals from order denying new trial, presenting solely the contention that the trial court abused its discretion in denying defendant’s motion for new trial.

Record

Defendant was convicted of robbery in the first degree. He appealed from the judgment and from the order denying his motion for new trial. (People v. Gaines (1961) 192 Cal.App.2d 128 [13 Cal.Rptr. 359].) We there held that the judgment should be affirmed, but that the trial court erred in denying defendant a continuance to permit him to obtain affidavits to support his contention that there was newly discovered evidence…