People v. Moore

1 Citing case

  1. People v. Son

    111 Ill. App. 3d 273 (Ill. App. Ct. 1982)   Cited 14 times

    Even where there has been an evidentiary hearing, this court has held that the failure to exercise due diligence in discovering the evidence prior to trial is sufficient alone to deny the motion for new trial without reaching the issue of whether the evidence proposed would have properly warranted the granting of a new trial. ( People v. Moore (1980), 81 Ill. App.3d 614, 404 N.E.2d 276.) It is incumbent upon the defendant to show how he learned of the witness in order to establish the witness' previous inaccessibility. ( People v. Starr (1976), 37 Ill. App.3d 495, 501, 346 N.E.2d 410.)