What is the test for denying a defendant a new trial under section 1181, subdivision (8) of the California Code of Civil Procedure?

California, United States of America

The following excerpt is from People v. Gallagher, G046475 (Cal. App. 2013):

Defendant also argues the bus pass was newly discovered evidence entitling him to a new trial under section 1181, subdivision (8). But he forfeited the claim by not raising it in his motion for new trial. (People v. Masotti (2008) 163 Cal.App.4th 504, 508.) He also failed to establish the newly discovered evidence would have led to a different result. (People v. Delgado (1993) 5 Cal.4th 312, 328.) The court thus did not abuse its discretion in denying a new trial.

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