State v. Miller

Defendant was convicted of second-degree murder in 1983, and after that conviction was affirmed in this Court, 1 he moved pursuant to V.R.Cr.P. 33 for a new trial on grounds of newly discovered evidence. He now appeals the denial of that motion, and we once again affirm.

Timothy O’Neal was murdered during the night of April 8, 1982, after he had been expelled from a bar in the company of defendant and a companion. Defendant was charged with the crime. At the trial, which ended in conviction on March 23, 1983, a witness, Daniel Tobler, identified defendant as having been near the murder scene…