State v. Hathaway

This case is before the court on defendant’s exceptions and two petitions, one praying for leave to file a motion-for a new trial in the Superior Court on the ground of evidence newly discovered and the other praying for a new trial on the ground that he did not have a full, fair and impartial trial in the Superior Court. G. L. 1923, §§ 5107, 5108.

Defendant was indicted for the murder of Verna E. Russell March 23, 1931, by choking and strangling her. After trial in the Superior Court for Newport county, the jury returned a verdict of guilty of murder in the first degree.

May 1, 1931, defendant…