In Linforth v. San Francisco Gas Elec. Co., 156 Cal. 58, 66 [ 103 P. 320], a similar instruction was referred to "as sound in point of law".
The granting of a new trial on the ground of newly discovered evidence is largely discretionary with the trial court and the exercise of its discretion will not be disturbed except in a case of manifest abuse. (Harrison v. Barrett, 99 Cal. 610, [34 P. 342]; Hausmann v. Sutter St. R.R. Co., 139 Cal. 174, [ 72 P. 905]; People v. Sing Yow, 145 Cal. 4, [ 78 P. 235]; People v. Jailles, 146 Cal. 301, [ 79 P. 965].) Moreover, in strictness, these affidavits may not here be considered at all.
