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Try CasePortal for FreeJ. Tucher holds that the trial court must rehear defendant's motion for a new trial on charges of a lewd act upon a child and exhibiting harmful matter to a minor. The ex-wife's declaration that she and the alleged victim had schemed to falsely accuse him was newly discovered evidence. The trial court's analysis discounting the ex-wife's declaration was flawed since the declaration contradicted the strongest evidence against defendant. Vacated.
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