Cheatwood v. People

This writ of error concerns an al'eged abuse of discretion by the trial court when it denied Thomas D. Cheatwood’s Amended Motion for a New Trial on the basis of newly discovered evidence. We shall refer to Cheatwood by name or as the defendant.

The record discloses that defendant, an indigent, alcoholic resident of Denver, was charged under C.R.S. ’53, 40-10-1 on December 12, 1963, in an Information with having committed the felony of confidence games. In this connection we note that the People’s evidence adduced at the trial was that he had obtained the sum of $98.63 when he endorsed and…