State v. Stone

ELLIS, Judge.

Ricky Stone was charged by information with forgery, § 570.090.1(4), RSMo 1986, a class C felony. Trial was held on March 15 and 16, 1993, and a Clay County jury found him guilty as charged. Stone then timely filed a motion for new trial on the ground of newly discovered evidence. After a series of hearings, the trial court granted Stone’s motion, and the State appeals. We affirm.

In its sole point relied on, the State argues the trial court erred in sustaining Stone’s motion for new trial based upon newly discovered evidence because Stone failed to prove he was entitled to such…