Doherty v. State
Supreme Court of Vermont
Petition for a new trial brought, under V. S. 1997 and 1998, by a respondent after his conviction of murder, and after the dismissal of a former petition for a new trial. This petition was based on evidence of insanity discovered after the trial and after the dismissal of the former petition, and was brought to the Supreme Court for Washington County, at its May Term, 1901, 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 his conviction of murder, and after the dismissal of a former petition for a new trial. This petition was based on evidence of insanity discovered after the trial and after the dismissal of the former petition, and was brought to the Supreme Court for Washington County, at its May Term, 1901, and heard at said term. The testimony introduced on the trial of the respondent, and the testimony filed with the former petition, were referred to in this petition and made a part thereof. The defence of insanity was not…
1Opinion of the CourtTaft, C. J.
The petitioner was convicted of murder in November, 1899. The murder was committed in February of that year. At the trial the petitioner was thirty-three years old.
A petition for a new trial was heard in May 1900 and dismissed. State v. Doherty, 72 Vt. 402. That adjudication does not bar this proceeding, sec. 1998 V. S. The petition is based upon the ground that since the trial, testimony has been discovered showing that the petitioner at the time of the murder was insane. Under the former proceedings the testimony of nine witnesses was filed and under this, twenty-nine. In passing upon the…
2Cases cited4 opinions
- Davis v. United StatesSupreme Court of the United States · 1897
- State v. DohertySupreme Court of Vermont · 1900
- Inhabitants of St. George v. City of BiddefordSupreme Judicial Court of Maine · 1885
- Manley's v. StaplesSupreme Court of Vermont · 1892
3Cited by11 opinions
- Bell v. StateSupreme Court of Arkansas · 1915
- Porter v. HallArizona Supreme Court · 1928
- State v. JacksonSupreme Court of Vermont · 1967
- State v. ManningSupreme Court of Vermont · 1903
- State v. BrownSupreme Court of Vermont · 1960
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