D and three others, two of whom had not been identified when D was tried, were named in a four-count indictment. All four of them were charged with conspiring to rob a bank. D's case was severed and he was tried alone. The only other defendant who had been identified died before trial. The jury found D guilty on all four counts. On the day fixed for imposition of sentence D moved for a new trial based upon newly discovered evidence. The motion was denied; the purported evidence, if true, would not have been admissible. D appealed.

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