STATE v. CHARBONNEAU

No. 10-061.

25 A.3d 553 (2011)

2011 VT 57

STATE of Vermont v. Edward CHARBONNEAU.

Supreme Court of Vermont.

May 27, 2011.


Attorney(s) appearing for the Case

Deborah A. Celis , Franklin County Deputy State's Attorney, St. Albans, for Plaintiff-Appellee.

Matthew F. Valerio , Defender General, Rebecca Turner , Appellate Defender, and Rachel Westropp , Law Clerk (On the Brief), Montpelier, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


JOHNSON, J.

¶ 1. Defendant appeals from the trial court's denial of a motion for new trial based on newly discovered evidence. Defendant's conviction for simple assault, following a jury trial, arose out of a physical confrontation between defendant and complainant. On appeal, defendant argues that the trial court erred in concluding defendant failed to show that the new evidence: (1) would probably have changed the result of the jury trial, and (2) could not...

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