Misconduct of single juror could not have materially affected defendant's rights where verdict was eleven to one. Juror misconduct used to attack verdict must be misconduct extrinsic to communication between jurors during deliberative process, or misconduct based on fraud, bribery, forcible coercion or other obstruction of justice. Absence of defense witness did not warrant new trial where defendant could not assure court that witness would be produced, when defense counsel, after prior continuance granted for this reason, made no effort to subpoena witness even though counsel knew where to find witness. In applying requirements for allowance of new trial, it seems most reasonable to consider them as only three separate requirements. Newly discovered evidence of undercover agent's mistaken identification of defendant from photographs of another person warrants granting of new trial.
Motion based on newly discovered evidence is addressed to sound discretion of court.
State ex rel State Hwy. Shifton v. N. Clackamas Sch. Defendant convicted of robbery in first degree was entitled to new trial where, after trial, witness was located whose testimony was in direct conflict with eyewitness identification of defendant. Denial of motion for new trial following prosecution and conviction for sexual abuse was proper where new evidence was unlikely to change result of trial. Trial court did not abuse its discretion in denying motion for new trial where alleged new evidence could have been discovered before summary judgment hearing.