People v. Frangipane

On April 10, 1939, the defendant was sentenced to State’s prison by this court on his plea of guilty accepted during trial in which he interposed the defense of alibi. The defendant himself, his aunt, his uncle and another had testified in support of said alibi before the guilty plea was taken. He now moves to, set aside this plea of guilty and for a new trial on the grounds of: newly-discovered evidence pursuant to subdivision 7 of section 465 of the Code of Criminal Procedure, stating in his moving affidavit, among other things, that, having been advised by his trial counsel and by his said…