What is the test for a motion for a new trial in a sexual assault case?
California, United States of America
The following excerpt is from Simmons v. Southern Pac. Transportation Co., 133 Cal.Rptr. 42, 62 Cal.App.3d 341 (Cal. App. 1976):
On the other hand, 'although a new trial will not ordinarily be granted on the ground of newly discovered evidence where the evidence is merely impeaching in character (citation), nevertheless there is no hard and fast rule that such evidence cannot constitute newly discovered evidence of such material character as to support an order granting a new trial.' (Charles v. Rice (1959) 173 Cal.App.2d 599, 605, 343 P.2d 760, 764.)
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