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STATE v. BERARD

No. 224-74.

356 A.2d 514 (1976)

STATE of Vermont v. Frank J. BERARD, Jr.

Supreme Court of Vermont.

April 6, 1976.

Attorney(s) appearing for the Case

M. Jerome Diamond, Atty. Gen., and Phoebe Morse, Asst. Atty. Gen., Montpelier, for plaintiff.

Langrock & Sperry, Middlebury, for defendant.

Before BARNEY, C. J., and SMITH, DALEY, and LARROW, JJ., and KEYSER, J. (Ret.), Specially Assigned.

BARNEY, Chief Justice.

This is an appeal from the denial of a new trial moved for in accordance with V.R.Cr.P. 33, and based on the ground of newly discovered evidence. The original trial convicted the defendant of murder in the first degree of one Robert Lestage. See State v. Berard, 132 Vt. 138, 315 A.2d 501 (1974). The motion was brought after this Court had affirmed the conviction on appeal.

The evidence relates...

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