128 Minn. 40 | Minn. | 1914
Defendant was convicted of robbery and appealed from an order denying a new trial.
It appears from the evidence offered by the state that on December 30, 1913, at about 9 :30 o’clock, p. m. defendant and two companions called at the residence of complainant for the ostensible purpose of 1 making inquiry concerning the sale by complainant of a mortgaged team of horses. This was a means to an end and not the real object of the call. Complainant was not at home at the time and the parties awaited his return from a temporary absence. Complainant’s wife, was at home but had retired for the night. Complainant soon returned and after some moments of conversation he was violently seized by two of the men and held while the third forcibly took from him the sum of about $125. Complainant notified the police, and
Defendant’s motion for a new trial included the ground of newly discovered evidence, and the principal contention on this appeal is that the trial court erred in not granting a new trial on that ground. Two affidavits were presented in support of this part of the motion, one by the wife of complainant, and the other by one Meyer. The affidavit of the wife was to the effect that, between 6:30 and 7 o’clock p. m. of the day in question, “three men came to my room while my husband” “was absent and took, stole and carried away from my possession the sum of one hundred dollars, more or less,” that she was not acquainted with the men and did not know either of them; that the money belonged to her husband, and was given to her by him at about 5 o’clock in the evening of that day. The affidavit of Meyer was to the effect that he saw complainant at the saloon of one Steam at about 7 o’clock, making an effort to call the police over
Order affirmed.