213 N.W. 923 | Minn. | 1927
The motion for a new trial was submitted to the trial court upon the files, a transcript of the evidence and certain affidavits. The trial judge heard all of the evidence, observed the general appearance of the witnesses and their demeanor while testifying, and was better qualified to judge of its effect upon the jury than we can possibly be, all of which was properly considered in passing upon the motion for a new trial. This phase of the *516
case is controlled by the opinion in Farmer v. Stillwater Water Co.
The contention that the affidavits concerning newly discovered evidence, as a basis for a new trial, were sufficient to impeach the testimony given by the witnesses for the prosecution, cannot in our opinion be sustained. An extended discussion of such affidavits would serve no good purpose. They come clearly within the opinion in the case of State v. Wheat,
The trial court properly amended the proposed settled case by making it comply with the facts as they occurred upon the trial. The following question and answer were inserted in the settled case by the trial judge: "Q. Mr. Lewis, were you ever convicted of crime? A. Yes, sir." The court instructed the jury as follows:
"I believe there was also an admission on the part of one of the defendant's witnesses, namely, Lewis, that he had previously been convicted of crime. That evidence was received merely for the purpose of bearing on his credibility as a witness in this case."
The instruction was clearly right.
Affirmed.