Badger v. State
Supreme Court of Vermont
Petition for a new trial. The petitioner was convicted of a breach of the peace at the September Term, 1895, Washington County. The grounds of the petition and the tendency of the new evidence are stated in the opinion.
1Opinion of the CourtTyler, J.
The petition is brought upon two grounds, first, the absence from the trial of two witnesses, whose testimony, it is alleged, would have, been material to the petitioner; second, newly discovered evidence.
Assuming it to be true that Annie Oderkirk and George A. Barnett were not within the reach of a subpoena nor within the control of the petitioner at the time of the trial, it was then his obvious duty to have moved for a continuance of the case. It must be presumed that such a motion would have been granted, if supported by affidavits of the facts now alleged as to the importance of the…
2Cases cited1 opinion
- Geno v. Fall Mountain Paper Co.Supreme Court of Vermont · 1895
3Cited by3 opinions
- McKinstry v. CollinsSupreme Court of Vermont · 1902
- Taylor v. St. ClairSupreme Court of Vermont · 1907
- Capital Garage Co. v. PowellSupreme Court of Vermont · 1924