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172 Conn. 18

Smalls v. State

Supreme Court of Connecticut

Decided November 23, 1976

Supreme Court of Connecticut · decided 1976-11-23

Cited by 2 later decisions — most recently January 1992

2 state decisions

Relies on Taborsky v. State · State v. Goldberger · Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-11-23

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Per Curiam.

¶1On May 6, 1971, James Smalls was convicted in the Superior Court in Fairfield County of a violation of the state dependency producing drug law, General Statutes § 19-480. This appeal is from the denial of a petition for a new trial. The law in this state relative to new trials has been well established and recently summarized in Reilly v. State, 32 Conn. Sup. 349, 355 A.2d 324. In Taborsky v. State, 142 Conn. 619, 623, 116 A.2d 433, we stated: “ [T]he primary test is whether an injustice was done and whether it is probable that on a new trial a different result would be reached. Smith v. State, 141 Conn. 202, 208, 104 A.2d 761; Dortch v. State, 142 Conn. 18, 21, 110 A.2d 471. The burden of proving the probability of a different result is upon the plaintiff, and in determining that issue the trial court exercises a discretion which cannot *19be reviewed unless its discretionary power has been abused. State v. Goldberger, 118 Conn. 444, 457, 173 A. 216.”

¶2On the record in this case, there is no evidence of an abuse of discretion by the trial court.

¶3There is no error.

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