Grable v. State

THOMAS, Justice.

This appeal is taken from an order having the effect of denying the appellant’s motion for a new trial in a criminal case. The motion for a new trial was premised on the ground of newly discovered evidence as set forth in Rule 34, W.R.Cr.P. 1 The newly discovered evidence relied upon was testimony by a doctor who was the employer and supervisor of another doctor. This latter individual had written a letter stating that a key prosecution witness could not attend the appellant’s trial because the witness “was under active medical treatment and unable to travel for the…