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eBook details

• Title: Ishee v. State
• Author : Mississippi Supreme Court
• Release Date : January 25, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

New Trial — Newly Discovered Evidence — Discretion — Appeal — Denial of Motion Held Abuse of Discretion. New Trial — Application Addressed to Discretion of Trial Court — Order not to be Disturbed on Appeal Except for Clear Abuse of Discretion. 1. Applications for new trial on the ground of newly discovered evidence are addressed to the sound legal discretion of the trial court, and its action thereon will not be disturbed on appeal except for a clear and unmistakable abuse of such discretion. Same — Newly Discovered Evidence — Motion not to be Granted Unless Apparent That There is Reasonable Probability That New Evidence will Change Result of Former Trial. 2. To warrant the granting of a new trial on the ground of newly discovered evidence it must appear to the court that there is reasonable probability that upon a retrial the evidence proposed will change the result. Same — Circumstances Under Which Denial of Motion Based on Newly Discovered Evidence Abuse of Discretion — Case at Bar. 3. In an action for debt claimed by plaintiff to have been incurred by defendant by having a number of his checks cashed at the formers business place (payment on which was subsequently stopped) and alleged by defendant to have resulted from a gambling game between the parties and hence was illegal, and in which defendant had judgment, held, that the court abused its discretion in denying a new trial, asked for on the ground of newly discovered evidence tending to show that plaintiff was at his place of business at the time the game was said to have been played and could not have been at the place of its occurrence, it being evident that one or the other testified to a falsehood, each swearing to matters diametrically opposed to those testified to by the other, the new evidence thus being of the utmost importance to court and jury in determining the credibility of these witnesses and meting out justice.

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