State v. Martin

CARLTON, Judge.

The sole question for determination is whether the trial court erred in denying defendant’s motion for a new trial on the basis of newly discovered evidence.

G.S. 15A-1415 provides in pertinent part as follows:(a) At any time after verdict, the defendant by motion may seek appropriate relief upon any of the grounds enumerated in this section.(b) The following are the only grounds which the defendant may assert by a motion for appropriate relief made more than 10 days after entry of judgment:(6) Evidence is available which was unknown or unavailable to the defendant at the time…