State Utah v. Theodore Robert Bundy

ELLETT, Chief Justice: The defendant was charged with, and convicted of, the crime of aggravated kidnapping. The trial was to the court sitting without a jury. An appeal was taken to this court, however, before the appeal was heard, counsel for the defendant claimed that he had newly discovered evidence which would warrant a new trial. This court, having confidence in the integrity of counsel, remanded the case on his motion to the district court where a hearing was had on the motion for a new trial and for extraordinary relief. The district court Judge took evidence and heard arguments and finding the motion to be without merit denied it. An appeal was taken from that ruling to this court and the two appeals are now consolidated for our consideration. The matter of granting or refusing to grant a new trial lies within the sound discretion of the trial Judge and we will reverse his decision thereon only where he has abused that discretion. 1 In this case there was no abuse of discretion.