(Download) "State West Virginia v. James Curtis King" by In the United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free

July 19, 2021

eBook details

Title: State West Virginia v. James Curtis King
Author : In the United States Court of Appeals for the Fifth Circuit
Release Date : January 02, 1984
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

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1. "A new trial will not be granted on the ground of newly-discovered 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, State v. Frazier, 162 W.Va. 935, 253 S.E.2d 534 (1979), quoting, Syl. pt. 1, Halstead v. Horton, 38 W.Va. 727, 18 S.E. 953 (1894).