STATE v. GOSHEA

No. 153-78.

398 A.2d 289 (1979)

STATE of Vermont v. Robert D. GOSHEA.

Supreme Court of Vermont.

February 6, 1979.


Attorney(s) appearing for the Case

M. Jerome Diamond, Atty. Gen., and Richard A. Unger, William T. Keefe, Asst. Attys. Gen., Montpelier, John S. Liccardi, Rutland County State's Atty., Rutland, for plaintiff.

James L. Morse, Defender Gen., Montpelier, Welch & Graham, White River Junction, and Barry E. Griffith, Rutland County Public Defender, Rutland, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


HILL, Justice.

This appeal is from a conviction of murder in the first degree. The defendant was tried by a jury and sentenced to life in prison. Following the verdict, motions for judgment of acquittal (not pursued here) and a new trial were denied. Three months after the verdict and prior to sentencing, the defendant filed a second motion for a new trial. This motion, unlike the first, was based on the ground of newly discovered evidence. As amended, it alleged...

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