Emerson v. StateAnnotate this Case
The State charged Appellant with aggravated assault and battery. At trial, Appellant claimed he had acted in self-defense. After a three-day trial, the jury found Appellant guilty. Appellant subsequently filed a motion for a new trial based on newly discovered evidence. Following a hearing on Appellant’s motion for a new trial, the district court denied the motion, concluding that Appellant had not demonstrated that the evidence was so material that it would probably produce a different verdict if a new trial was granted and that the evidence did not provide proper grounds for granting a new trial. The Supreme Court affirmed, holding that the trial court did not abuse its discretion in denying Appellant’s motion for a new trial.