78 Vt. 423
Decided February 16, 1906
Supreme Court of Vermont · decided 1906-02-16
<p>Petition for New Trial — Newly Discovered Evidence — Affidavits — Sufficiency—Allegations of Due Diligence.</p> <p>The statement, in affidavits accompanying a petition for a new trial based on newly discovered evidence, that the affiants “used due diligence” seasonably to obtain such evidence, is mere opinion, and insufficient to show the requisite diligence.</p> <p>The newly discovered evidence revealed by affidavits attached to a petition for a new trial in behalf of one convicted of a simple assault, held not likely to produce a different result on another trial.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1906-02-16
Cited by 3 later decisions — most recently October 1927
3 state decisions
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¶1It is considered that the newly discovered evidence attached to the petition would not be likely to produce a different result on another trial.
¶2It 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.
¶3 Petition dismissed.