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2 Cal. Unrep. 294

People v. Carty

California Supreme Court

Decided April 3, 1884

California Supreme Court · decided 1884-04-03

The defendant in this action was indicted and convicted of manslaughter. The defendant then moved for a new trial, on the ground of newly discovered evidence, asking time and process to produce new witnesses, etc. • This the court denied. Defendant appealed.

Decided 1884-04-03

By the COURT.

¶1In this cause defendant moved for a new trial on the ground, inter alia, of newly discovered evidence. We have examined the affidavits as to such newly discovered *295evidence, and think that they bring the application within the rules of law and that defendant should have a new trial.

¶2The judgment and order are reversed and the cause remanded that it may be tried anew.

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