Supreme Court of Vermont, 1906

Comoli v. State

Comoli v. State
Supreme Court of Vermont · Decided February 16, 1906 · Howell, Miles, Munson, Rowell, Tyleb, Watson
78 Vt. 423; 63 A. 186; 1906 Vt. LEXIS 167

Comoli v. State

Opinion of the Court

RowELL, 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.