State v. Hathorn

Clarence Hathorn, having been convicted of the crime of rape, under the provisions of G. L. 6822, has brought a petition for a new trial upon two grounds: (1) That, through an error of the stenographic reporter, an exception taken by Mm during the trial, has been omitted from the transcript. (2) That he is in possession of newly discovered evidence.

The petition as originally brought was upon the sole ground of newly discovered evidence, but subsequently was amended to include the ground that the petitioner has been deprived of the benefit of an exception taken on trial in his behalf, which…