Legal Opinion

Buzzell v. State

Supreme Court of New Hampshire

Decided June 5, 1879PublishedCited by 4 opinions

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

  1. Brooks v. HowardSupreme Court of New Hampshire · 1877

3Cited by4 opinions

  1. State v. WrenSupreme Court of New Hampshire · 1914
  2. State v. LongSupreme Court of New Hampshire · 1939
  3. Rutherford v. WhitcherSupreme Court of New Hampshire · 1880
  4. Palmer v. StateSupreme Court of New Hampshire · 1889

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