State v. Hiertz

Birdzell, J.

(concurring specially). I concur in the result and in the reasons assigned therefor in the opinion prepared by Judge Grace, except that I am not prepared to say that all the newly discovered evidence would necessarily have been inadmissible upon a second trial. I am convinced, however, that the newly discovered evidence is not of such a character as would be likely to change the result, and I consider that the showing of diligence is weak.