STATE v. GOSWICK


656 S.W.2d 355 (1983)

STATE of Tennessee, Appellee, v. John Thomas GOSWICK, Jr., Defendant-Appellant.

Supreme Court of Tennessee, at Jackson.

August 29, 1983.


Attorney(s) appearing for the Case

Edward G. Thompson, Memphis, for defendant-appellant.

William M. Leech, Jr., Atty. Gen., J. Andrew Hoyal, II, Asst. Atty. Gen., Nashville, Jerry Harris, Kathleen O. Spruill, Asst. Dist. Attys. Gen., Memphis, for appellee.


OPINION

DROWOTA, Justice.

We granted the Defendant's application for permission to appeal because we are of the opinion that the trial court erred in failing to grant the Defendant's motion for a new trial based on newly discovered evidence. We find the Defendant showed reasonable diligence, that the newly discovered evidence is material, and that such evidence is likely to change the result if accepted by a jury.

The Defendant, John Thomas Goswick...

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