Section 15-17-5Grounds for granting new trials; costs thereof.
(a) On motion filed within 30 days from entry of judgment, a new trial may be granted for the following grounds:
(1) Irregularity in the proceedings of the court, jury or state or any order of court or abuse of discretion by which the defendant was prevented from having a fair trial;
(2) Misconduct of the jury or state;
(3) Accident or surprise which ordinary prudence could not have guarded against;
(4) That the verdict or decision is not sustained beyond a reasonable doubt or is contrary to law;
(5) Newly discovered evidence, material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial; and
(6) Error of law occurring at the trial properly preserved by the party making the application.
(b) The court, in granting new trials, may allow the same at the costs of the party applying therefor or in the costs abiding the event of the case, or a portion of the costs, as the justice and equity of the case may require, taking into consideration the causes which may make such new trial necessary.
(Code 1923, §9518; Code 1940, T. 7, §276.)