# State v. Wilburn

> Supreme Court of Louisiana · November 4, 1940 · 196 La. 113

URL: https://www.frixlaw.com/law-library/cases/9866115

## Case

- **Full name:** State v. Wilburn.
- **Court:** Supreme Court of Louisiana
- **Decided:** November 4, 1940
- **Citations:** 196 La. 113; 198 So. 765; 1940 La. LEXIS 1155
- **Precedential status:** Published
- **Opinion:** Concurrence by O'Niell
- **Judges:** Pqnder, O'Niell
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9866115

## Opinion text

O’NIELL, C. J.,
concurs in the result but not in the opinion that the fact that newly discovered evidence would be cumulative is of itself a reason for which a new trial should be refused, and is of the opinion that the question whether such newly discovered evidence might change the verdict, and hence would be a good cause for granting a new trial, is a matter within the sound discretion of the judge in any given case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9866115. Public record. Not legal advice.