People v. Williams

Defendant was charged, in two counts, with the crimes of burglary and robbery. The charges rested on these allegations: defendant’s unlawful entry of the apartment of Charlotte Young with intent to commit theft and there robbing one Earl Howe while armed with a revolver. Upon arraignment he entered a plea of not guilty to both counts. In a jury trial and following the prosecution’s failure to produce Miss Young as a witness, the burglary charge upon motion of the prosecution was dismissed. The trial proceeded on the second count and defendant was found guilty as charged—robbery in the first degree. Thereafter defendant moved for a new trial on the ground of newly discovered evidence. That motion was denied as was defendant’s application for probation, and defendant was sentenced to the state prison. He appeals from the judgment and from the order denying his motion for a new trial.

The sole issue on this appeal is the propriety of the trial court’s denial of defendant’s motion for a new trial based on the ground of newly discovered evidence. (Pen. Code, § 1181, subd. 8.) Defendant contends that such denial amounted to an abuse of discretion. We have concluded that under the facts…