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STATE v. MILLER

No. 87-446.

560 A.2d 376 (1989)

STATE of Vermont v. Timothy MILLER.

Supreme Court of Vermont.

April 7, 1989.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., and David Tartter, Asst. Atty. Gen., Montpelier, for plaintiff-appellee.

Michael Rose, St. Albans, for defendant-appellant.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.

DOOLEY, Justice.

Defendant was convicted of second-degree murder in 1983, and after that conviction was affirmed in this Court,1 he moved pursuant to V.R.Cr.P. 33 for a new trial on grounds of newly discovered evidence. He now appeals the denial of that motion, and we once again affirm.

Timothy O'Neal was murdered during the night of April 8, 1982, after he had been expelled from a bar in the company of defendant and a companion...

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