[DOWNLOAD] "State West Virginia v. Gary Lee Frazier" by United States Court of Appeals for the Fourth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: State West Virginia v. Gary Lee Frazier
• Author : United States Court of Appeals for the Fourth Circuit
• Release Date : January 10, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

"A new trial will not be granted on the ground of newlydiscovered evidence unless the case comes within the following rules: (1) The evidence must appear to have been discovered since the trial, and, from the affidavit of the new witness, what such evidence will be, or its absence satisfactorily explained. (2) It must appear from facts stated in his affidavit that plaintiff was diligent in ascertaining and securing his evidence, and that the new evidence is such that due diligence would not have secured it before the verdict. (3) Such evidence must be new and material, and not merely cumulative; and cumulative evidence is additional evidence of the same kind to the same point. (4) The evidence must be such as ought to produce an opposite result at a second trial on the merits. (5) And the new trial will generally be refused when the sole object of the new evidence is to discredit or impeach a witness on the opposite side." Syllabus Point 1, Halstead v. Horton 38 W.Va. 727, 18 S.E. 953 (1894).

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