Chuck Hall v. Howard J. Korth

Burton was convicted of manslaughter. His timely motion for new trial was predicated on alleged new and material evidence established by an affidavit of a purported eye witness. The trial court granted the motion based wholly upon the sworn facts set forth in such affidavit. Three days later the State moved the court for a rehearing and to set aside its order granting such new trial and to reinstate the jury verdict. Evidence was taken orally before the court, following which the trial court vacated the previous order granting a new trial. This latter order is predicated upon a finding by the trial court that the facts disclosed in the affidavit attached to the original motion for new trial which the court accepted as true, were basically false and that such false statements constituted a fraud practiced on the court. The court said: