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Motion For New Trial 2

The accused files a motion for a new trial on the grounds that new material evidence has been discovered. Specifically, a person was arrested in connection with the same crime and confessed during the investigation. This confession was not available at the time of trial. If introduced, the confession would likely result in an acquittal. The accused requests that the conviction be set aside and a new trial granted to allow for the introduction of this new evidence.

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98 views2 pages

Motion For New Trial 2

The accused files a motion for a new trial on the grounds that new material evidence has been discovered. Specifically, a person was arrested in connection with the same crime and confessed during the investigation. This confession was not available at the time of trial. If introduced, the confession would likely result in an acquittal. The accused requests that the conviction be set aside and a new trial granted to allow for the introduction of this new evidence.

Uploaded by

dhunojoan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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MOTION FOR NEW TRIAL

COMES NOW the accused, by the undersigned counsel and


unto this Honorable Court, moves for a new trial of this case on the
following:

GROUNDS

That new material evidence has been discovered which the


defendant could not, with reasonable diligence, have discovered and
produce at the trial, and which if introduced and admitted, would
probably change the judgment of this Court.

ARGUMENTS

That after judgment of conviction was rendered by this


Honorable Court on _________________, but before the final entry
of said judgment, a person named___________________ was
arrested by the police on ____________________ in connection with
the crime of _____________ committed sometime ago, and during
the investigation of said ____________________, the latter freely
and voluntarily confessed to the commission of the crime of
___________, of which the defendant has been improperly charged
and convicted;

That a true copy of the confession of said _________ is hereto


attached as Annex "A" and made an integral part of this petition, the
original thereof being in the possession of the police department of
______________;

That the said _________ is not known to the accused and the
latter could not, even with reasonable diligence, have discovered and
produced him or his confession at the trail of this case;

That said confession if introduced and admitted will result in the


acquittal of the accused.

PRAYER

WHEREFORE, it is respectfully prayed that the judgment of


conviction be set aside, a new trial be granted, and new judgment of
acquittal rendered.

Agoo, La Union, ___________________.


Counsel for the Accused:

_____________Signature of Lawyer__________
ATTY. _____ Name of Lawyer _____________
OFFICE: _______________________________
ROLL NO. _____ ADMITTED AT BAR: ______
IBP NO. ________ ; __/__/__ ; ______________
PTR NO ________ ; __/__/__ ; ______________
MCLE COMPLIANCE No. __________; _______

Copy received this ______ day of _________, 20__

_________________
Prosecutor

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