State v. Boyce

Two issues are presented:(1) Did the trial court abuse its discretion in refusing to grant a new trial because of newly discovered evidence?(2) Did the trial court abuse its discretion in refusing to grant a new trial in the interest of justice?

Robert M. Kools lost his wallet in George’s Steak House in Appleton, Wisconsin on July 10, 1974. The wallet contained a number of credit cards, including a Master Charge card. Two days later, on July 12, 1974, an Oldsmobile Cutlass was rented by Avis Rent-A-Car Agency to a man who presented the driver’s license of Robert Kools as identification and…