State v. Goswick

OPINION

DROWOTA, Justice.

We granted the Defendant’s application for permission to appeal because we are of the opinion that the trial court erred in failing to grant the Defendant’s motion for a new trial based on newly discovered evidence. We find the Defendant showed reasonable diligence, that the newly discovered evidence is material, and that such evidence is likely to change the result if accepted by a jury.

The Defendant, John Thomas Goswick, Jr., was convicted of burglary in the first degree and aggravated rape and sentenced to not less than five nor more than ten years, and thirty…