State v. Hadfield

I dissent because I am not persuaded that the Court abused its discretion in denying defendant’s motion for a new trial. As was observed in State v. Harris,1

The denial of [a motion for a new trial on the ground of newly discovered evidence] will be deemed an abuse of discretion only in such instances where there is a grave suspicion that justice may have been miscarried because of the lack of enlightenment on a vital point, which the new evidence will supply; and the other elements attendant on obtaining a new trial on the ground of newly discovered evidence are present. If there be evidence…