Criminal Law §§ 58, 81a —
A motion for a new trial for newly discovered evidence, made in the trial court after decision of the Supreme Court affirming the judgment of conviction, is addressed to the discretion of the trial court, and its refusal of the motion is not appealable.
Motion by defendants for new trial on ground of newly discovered evidence.
At the May Criminal Term, 1939, Robeson Superior Court, the defendants herein were tried and convicted of conspiracy, burglary in the second degree, and robbery with firearms. From judgments entered, the defendants appealed to the Supreme Court. The judgments were affirmed in an opinion filed 13 December, 1939.
At the succeeding term of Robeson Superior Court following affirmance of the judgments on appeal, the defendants lodged a motion for new trial on the ground of newly discovered evidence on authority of S. v. Casey, 201 N.C. 620, 161 S.E. 81, and S. v. Starnes, 97 N.C. 423, 2 S.E. 447. The motion was duly considered and denied.
Defendants appeal, assigning errors.