People v. Miner

Defendant was convicted of robbery upon a jury trial. Sentence of 7 to 20 years was imposed.

Defendant urges that it was error to deny his motion for a new trial based on affidavits of newly discovered evidence, that his sentence was imposed upon insufficient information adduced at his hearing in aggravation and mitigation and that the sentence is excessive.

The newly-discovered evidence alleged in the affidavit in support of the motion for a new trial is a $20 check written and cashed by defendant some four-and-one-half hours prior to the robbery. Defendant contends that this check accounts…