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SMITH v. STATE

139 Conn. 249 (1952)

FRANCIS C. SMITH v. STATE OF CONNECTICUT

Supreme Court of Connecticut.

Decided November 10, 1952.

Attorney(s) appearing for the Case

James C. Shannon, with whom, on the brief, was Melvin M. Dichter, for the appellant (plaintiff).

Lorin W. Willis, state's attorney, with whom, on the brief, was Otto J. Saur, assistant state's attorney, for the appellee (state).

BROWN, C. J., JENNINGS, BALDWIN, INGLIS and O'SULLIVAN, JS.

JENNINGS, J.

The plaintiff was convicted of murder in the first degree and appealed. The facts are fully stated in the opinion in State v. Smith, 138 Conn. 196, 82 A.2d 816. They will be repeated here only in so far as is necessary to present the issue on this petition for a new trial.

In the early morning of July 23, 1949, Grover S. Hart was shot and killed. About half-past one in the morning of the next day...

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