The appellant, convicted of assault and unlawful presence in a dwelling, appealed his conviction, seeking to introduce new evidence as an alibi.
The court applied the Palmer and Snyder tests for admitting new evidence on appeal.
The proposed new evidence, a witness statement, was deemed not to constitute a true alibi and was found to be neither credible nor reliable.
The court concluded that the new evidence was not sufficiently cogent to have influenced the trial judge's decision.
Consequently, the appeal was dismissed, and the new evidence was not admitted.
