Does section 1181 of the California Penal Code require an affidavit to be obtained in a motion for a new trial?
California, United States of America
The following excerpt is from People v. Hedgecock, 214 Cal.App.3d 1082, 247 Cal.Rptr. 404 (Cal. App. 1988):
13 Penal Code section 1181, subdivision 8, applicable only to motions for new trial based on insufficiency of the evidence, does contain an affidavit requirement. (See People v. Pic'l (1981) 114 Cal.App.3d 824, 878-879, 171 Cal.Rptr. 106.) Subdivisions 2 and 3 of section 1181, which deal generally with jury misconduct and tampering, contain no similar requirement.
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