Comoli v. State
Supreme Court of Vermont
Petition for a new trial, brought under V. S. 1662, to the Supreme Court for Washington County at its January Term, 1906, and then heard on petition and affidavits thereto attached. At the September Term, 1905, of Washington county court, the petitioner was. convicted of a simple assault, upon an indictment for an assault with intent to kill one Mary Broggi.
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Petition for a new trial, brought under V. S. 1662, to the Supreme Court for Washington County at its January Term, 1906, and then heard on petition and affidavits thereto attached. At the September Term, 1905, of Washington county court, the petitioner was. convicted of a simple assault, upon an indictment for an assault with intent to kill one Mary Broggi. The newly discovered evidence relied upon is set forth in the affidavit of Depa Whitney which is attached to< the petition.
1Opinion of the CourtRowELL, C. J.
It is considered that the newly discovered evidence attached to the petition would not be likely to produce a different result on another trial.
It is also' considered that the affidavits thereto attached do- not show the requisite diligence. They state only that the affiants “used due diligence,” which is only an opinion, upon which the Court cannot act. They should have stated the facts, that the Court might judge of the matter.
Petition dismissed.
2Cited by3 opinions
- Hemmenway v. LincolnSupreme Court of Vermont · 1909
- State v. HathornSupreme Court of Vermont · 1927
- Ploof v. PutnamSupreme Court of Vermont · 1910