Kernrechtsfrage
Whether the probate court order was a new fact or new evidence under Art. 410 StPO
Extrahierter Entscheid
No. The order did not qualify as new evidence because the appellate court had already been aware of it, and it did not alter the decisive factual basis.
Extrahierte Begründung
Revision requires truly new facts or evidence unknown to the court and capable of affecting the judgment. The appellant failed to show arbitrariness in the finding that the order had been known to the court. In any event, testamentary capacity is not equivalent to procedural capacity.