California, United States of America
The following excerpt is from People v. Parrison, 137 Cal.App.3d 529, 187 Cal.Rptr. 123 (Cal. App. 1982):
"A motion for a new trial is made to the sound discretion of the court, and its ruling will not be disturbed except on a showing of clear abuse." (People v. McDaniel (1976) 16 Cal.3d 156, 177, 127 Cal.Rptr. 467, 545 P.2d 843.) "A defendant on a motion for a new trial based on newly discovered evidence must show inter alia that the evidence [discovered] is in fact newly discovered; that it is not merely cumulative to other evidence bearing on the factual issue; that it must be such as to render a different result [137 Cal.App.3d 541] probable on a retrial; and that the moving party could not, with reasonable diligence, have discovered and produced the evidence at trial." (Id., at p. 178, 127 Cal.Rptr. 467, 545 P.2d 843.)
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