Howard v. State

Citations

• 36 Fla. 21

Syllabus

<p>■CRIMINAL LAW— NEW TRIAL ON GROUND OE NEWLY-DISCOVERED EVIDENCE.</p> <p>.Applications for new trial upon the ground of newly-discovered eviered evidence are looked upon by the courts with distrust and disfavor, and are granted only under the following restrictions: (1) The evidence must have been discovered since the former trial: (2) the party must have used due diligence to procure it on the former trial; (3) it must be material to the issue; (4) it must go to the merits of the cause, and not merely to impeach the character of a witness; (5) it must not be merely cumulative; (6) it must be such as ought to produce on another trial an opposite result on the merits. The party applying must make his vigilance apparent, for if it is left even doubtful that he knew of the evidence, or that he might, but for the negligence, have known of and produced it, he will not succeed in his application.</p>