McMullen v. Maxwell

In this case petitioner contends that he was denied a fair trial because the prosecution had knowledge of evidence favorable to petitioner which it failed to disclose. The evidence in question consisted of ballistic tests which indicated that the murder weapon was a 38-caliber long barrelled revolver which the prosecutor had in his possession and for which he had no proof of connection with petitioner.

It should be pointed out that the question raised here involves an evidentiary matter which could not come before the court on an appeal, and the time has long passed in which a motion for a new…