State v. Volpato

OPINION

SOSA, Senior Justice.

Johnny Volpato was convicted of the first degree murder of his wife. His conviction was affirmed by this Court in an unpublished decision. State v. Volpato, S.Ct. No. 13,978 (Filed June 30, 1982). Volpato subsequently initiated a motion for a new trial pursuant to NMSA 1978, Crim.P. Rule 45 '(Repl.Pamp.1980). Volpato appeals the district court denial of this motion. The sole issue is whether a new trial should have been granted on the basis of newly-discovered evidence.

Elaine Volpato was shot and killed during the late evening hours of February 5, 1980 in downtown…