Buzzell v. State
Supreme Court of New Hampshire
Petition for a new trial, on the ground of newly discovered evidence, in a capital case. The petition was presented at the second trial term after judgment; and all questions of law and fact were reserved.
1Opinion of the CourtDoe, C. J.
“A new trial may be granted in any case where a review may not be had of right, when justice has not been done, through accident, mistake, or misfortune, and a further hearing would be equitable.” G. L., c. 234, s. 1. Some of the provisions of this chapter may not be applicable to criminal cases; and the whole chapter was probably intended for civil cases only. But the ground on which it allows a new trial may properly be adopted as a general rule of procedure on petition for new trial after judgment in criminal cases. If a new trial were granted in this case, it would be necessary to vacate,…
2Cases cited1 opinion
- Brooks v. HowardSupreme Court of New Hampshire · 1877
3Cited by4 opinions
- State v. WrenSupreme Court of New Hampshire · 1914
- State v. LongSupreme Court of New Hampshire · 1939
- Rutherford v. WhitcherSupreme Court of New Hampshire · 1880
- Palmer v. StateSupreme Court of New Hampshire · 1889