Abad

This is a criminal appeal taken from a judgment of the Supreme Court for the Territory of Hawaii, pursuant to 28 U.S.C. § 1293 .

Appellants claim that the Supreme Court violated the Hawaiian law in sustaining the trial court’s denial of a motion for a new trial and that in so doing it violated the Federal Constitution or federal law.

Appellants were convicted of the crime of robbery in the second degree and were each sentenced to a term of twenty years in prison. No question is raised concerning the validity of their trial and conviction, the sole question on the appeal being the validity of the order denying their motion for a new trial. The conviction was on a charge that they had robbed one Filemon Lata of the sum of $2,000. After the trial, appellants moved for a new trial on the grounds of newly-discovered evidence.

The motion was made upon an affidavit by one John Kang, followed by his testimony. Kang said that from 9:00 to 12:00 o’clock on the morning of the robbery he, Lata, and both defendants were engaged in gambling games which occupied the entire time, during which games he won $1580.00 from Lata. Lata had testified that the appellants had taken $500.00 from his…