D'Agostino v. State

*419OPINION

By the Court,

Steffen, C. J.:

This is an appeal from a district court order denying appellant Frank Salvatore D’Agostino’s motion for a new trial based upon newly-discovered evidence. D’Agostino contends that numerous facts unknown to him at trial indicate that a critical state witness was receiving favorable treatment from the State concerning various criminal matters, and that the nature of the treatment strongly suggests that there was an agreement between the witness and the State. D’Agostino also maintains that the key witness and the prosecution committed perjury in denying the…