Pacheco v. State

OPINION

By the Court,

Thompson, J.:

Pacheco, who was convicted of robbery, sought a new trial upon the ground of newly discovered evidence. NRS 175.535 (7) , His motion was denied and this appeal followed. We affirm.

The statute, quoted below, requires the movant to persuade the trial court that the evidence is newly discovered, material to his defense, and could not with reasonable diligence have been discovered and procured for the trial. A factual showing of each requirement must be made. Conclusions will not suffice. People v. Beard, 46 Cal.2d 278, 294 P.2d 29 (1956); State v. Love, 77 Ariz.…