State v. Powell

Citations

• 51 Wash. 372
• 98 P. 741
• 1909 Wash. LEXIS 1195

Syllabus

<p>New Trial — Newly Discovered Evidence — Abuse oe Discretion— Criminal Law. It is an abuse of discretion and error to deny a new trial, asked on the ground of newly discovered evidence, after conviction of statutory rape upon a female under the age of consent, where the conviction rested almost entirely upon the evidence of the prosecutrix, and she subsequently made affidavit, and testified in court on the hearing of the motion for new trial, that her testimony was false and that defendant had never had sexual intercourse with her, explaining that she was coerced to give false testimony (Fullerton, J., dissenting).</p>