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PACHECO v. STATE

No. 4901.

408 P.2d 715 (1965)

Hector Charles PACHECO, Appellant, v. STATE of Nevada, Respondent.

Supreme Court of Nevada.

December 13, 1965.

Attorney(s) appearing for the Case

Robert Santa Cruz, Las Vegas, for Appellant.

Harvey Dickerson, Atty. Gen., Carson City, Edward G. Marshall, Dist. Atty, Ivan R. Ashleman, Deputy Dist. Atty, Las Vegas, for Respondent.

THOMPSON, Justice.

Pacheco, who was convicted of robbery, sought a new trial upon the ground of newly discovered evidence. NRS 175.535(7).1 His motion was denied and this appeal followed. We affirm.

The statute, quoted below, requires the movant to persuade the trial court that the evidence is newly discovered, material to his defense, and could not with reasonable diligence have been discovered and procured for the trial. A factual...

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