People v. Kelleher

16 P. 705, 2 Cal. Unrep. 821

Opinion

Per CURIAM.

As stated by the attorney general upon the argument, the evidence upon which a conviction was had in this case is very weak, although there is sufficient to prevent this court from setting aside the verdict. In view of the testimony in the ease, however, we think that the affidavits filed in support of the motion for a new trial on the ground of newly discovered evidence were sufficient to entitle the defendant to a new trial. Judgment reversed and cause remanded for a new trial.