People v. Ah Noon

Citations

• 116 Cal. 656
• 48 P. 799
• 1897 Cal. LEXIS 602

Syllabus

<p>Criminal Law—Robbery—New Trial—Newly Discovered Evidence —Impeachment of Prosecuting Witness—Counter Affidavits.— A new trial cannot lie granted to a defendant convicted of robbery, on the ground of newly discovered evidence of statements made by the prosecuting witness to various Chinese persons after the alleged robbery, to the effect that he had not been robbed by defendants, the effect of which would be merely to impeach the testimony of the prosecuting witness, where there is no such exceptional showing as would warrant a new trial on that ground, and where there are counter affidavits which weaken the showing, and make it unsatisfactory.</p>