Rogers v. State
Supreme Court of Vermont
Petition for a new trial brought, under V. S. 1997 and 1998, by a respondent after her conviction of murder, to the Supreme Court for Bennington County, at its May Term, 1905, and heard at said term.
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Petition for a new trial brought, under V. S. 1997 and 1998, by a respondent after her conviction of murder, to the Supreme Court for Bennington County, at its May Term, 1905, and heard at said term. Where the conviction of a defendant rests largely upon the evidence of one witness who afterwards admits that he perjured himself at the trial, and tells, an entirely different story concerning the transaction, yet implicating the respondent and giving- a different version of his connection with it, on a proper showing it is sufficient cause for a new trial. Such evidence is more than cumulative…
1Opinion of the CourtWatson, J.
The. petitioner, Mary M. Rogers, seeks a new trial on the ground of newly discovered evidence.
At the' June term, 1903, of Bennington County Court she was indicted for murder, charged with the killing of her husband, Marcus Rogers, at Bennington on August 12, 1902. At the December term, 1903, she was tried and convicted of murder in the first degree. Judgment was rendered on the verdict, and sentence was imposed according to law.
At the trial Leon Perham of Bennington, a confessed accomplice, was called as a witness by the State and, after being *458advised fully by the court concerning his rightss…
2Cases cited8 opinions
- People v. HallMichigan Supreme Court · 1882
- State v. Van TasselSupreme Court of Iowa · 1897
- Hathaway's Administrator v. National Life InsuranceSupreme Court of Vermont · 1875
- State v. . CunninghamSupreme Court of North Carolina · 1875
- Willis v. . the PeopleNew York Court of Appeals · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Baldwin v. GainesSupreme Court of Vermont · 1917
- Wallace v. CommonwealthCourt of Appeals of Kentucky · 1915
- Neely v. United StatesDistrict Court, District of Columbia · 1945
- Fowlie's Admx. v. McDonald, Cutler & Co.Supreme Court of Vermont · 1909
- State v. KelsieSupreme Court of Vermont · 1919
2 more not listed; retrieve them via the Exa API.