State v. McClelland

In this case'there are two appeals: one from the judgment of conviction and the other from an order denying defendant’s motion for a new trial. The two appeals were consolidated and briefed and submitted together. The motion for a new trial was based, among others, on the grounds: (1) that the verdict is against the evidence, and (2) that new evidence has been discovered material to the defendant’s defense which he could not with reasonable diligence have discovered and produced at the trial. In support of the latter ground, numerous and rather voluminous affidavits' were submitted. In the…