Comoli v. State

RowELL, C. J. It is considered that the newly discovered evidence attached to the petition would not be likely to produce a different result on another trial. It 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. Petition dismissed.