US Laws, Codes, Statutes & Cases

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 24
                      EXCEPTIONS -- NEW TRIAL -- ARREST
                                 OF JUDGMENT
    19-2406.  GROUNDS FOR NEW TRIAL. When a verdict has been rendered against
the defendant the court may, upon his application, grant a new trial in the
following cases only:
    1.  When the trial has been had in his absence, if the indictment is for a
felony.
    2.  When the jury has received any evidence out of court other than that
resulting from a view of the premises.
    3.  When the jury has separated without leave of the court after retiring
to deliberate upon their verdict, or been guilty of any misconduct by which a
fair and due consideration of the case has been prevented.
    4.  When the verdict has been decided by lot or by any means other than a
fair expression of opinion on the part of all the jurors.
    5.  When the court has misdirected the jury in a matter of law, or has
erred in the decision of any question of law arising during the course of the
trial.
    6.  When the verdict is contrary to law or evidence.
    7.  When new evidence is discovered material to the defendant, and which
he could not with reasonable diligence have discovered and produced at the
trial. When a motion for a new trial is made upon the ground of
newly-discovered evidence, the defendant must produce at the hearing in
support thereof the affidavits of the witnesses by whom such evidence is
expected to be given, and if time is required by the defendant to procure such
affidavits the court may postpone the hearing of the motion for such length of
time as, under all the circumstances of the case, may seem reasonable.