State v. Saults

I respectfully dissent from the analysis and holding of the majority opinion and I vote to uphold the order of Judge Kirby *326denying defendant’s motion for a new trial on grounds of newly discovered evidence.

The majority opinion places considerable stress on the fact that Judge Kirby found that defendant talked to Officer Bailey during the first trial concerning the defendant’s having overheard the police radio broadcast on the evening of 29 November 1975 that the officers had stopped a car and the “rabbit had run again.” The majority stresses that this finding of fact by Judge Kirby is not…