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MOTION FOR NEW TRIAL
COMES NOW the accused, by the undersigned counsel and unto this Honorable Court, moves for a new trial of this case on the following
GROUNDS
That new material evidence has been discovered which the defendant could not, with reasonable diligence, have discovered and produce at the trial, and which if introduced and admitted, would probably change the judgment of this Court.
ARGUMENTS
That after judgment of conviction was rendered by this Honorable Court on _________________, but before the final entry of said judgment, a person named___________________ was arrested by the police on ____________________ in connection with the crime of _____________ committed sometime ago, and during the investigation of said ____________________, the latter freely and voluntarily confessed to the commission of the crime of ___________, of which the defendant has been improperly charged and convicted;
That a true copy of the confession of said _________ is hereto attached as Annex "A" and made an integral part of this petition, the original thereof being in the possession of the police department of ______________;
That the said _________ is not known to the accused and the latter could not, even with reasonable diligence, have discovered and produced him or his confession at the trail of this case;
That said confession if introduced and admitted will result in the acquittal of the accused.
PRAYER
WHEREFORE, it is respectfully prayed that the judgment of conviction be set aside, a new trial be granted, and new judgment of acquittal rendered.
San Pablo City, ___________________.
Counsel for the Accused
Address
Copy received this ______ day of _________
Prosecuting Attorney
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