 | Amasa Junius Parker - 1858 - 734 pages
...by a writ of error, with a stay of proceedings as a matter of right ; and that the appellate court may order a new trial, if it shall be satisfied that...or that justice requires a new trial, whether any exception shall have been taken or not in the court below. I am inclined to think this provision inoperative... | |
 | New York (State) - 1858 - 812 pages
...York, by a writ of error with a stay of proceedings as a matter of right; and the said appellate court may order a new trial, if it shall be satisfied that...or that justice requires a new trial, whether any exception shall have been taken or not in the court below. Chap. 331. AN ACT to amend chapter two hundred... | |
 | Austin Abbott - 1858 - 610 pages
...proceedings as a matter of right: the appellate court may order a new trial, if satisfied that the verdict was against the weight of evidence or against law, or that justice requires a new trial, whether any exception was taken in the court below or not. Laws of 1858, 556, ch. 330, §3. 2. The clerk of the... | |
 | Amasa Junius Parker - 1860 - 720 pages
...writ of error, with a stay of proceedings, shall be a matter of right, and that the appellate court may order a new trial "if it shall be satisfied that...shall have been taken or not in the court below." (Sess. £., 1855, ch., p. 337, 613.) II. The indictment is defective in this, that it does not state... | |
 | Prison Association of New York - 1866 - 252 pages
...court of appeals. A new trial may be ordered by the appellate court, when satisGed that the verdict was against the weight of evidence, or against law, or that justice requires a new trial. The State of New York, as already mentioned, is divided into eight judicial districts. Each of these... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1864 - 668 pages
...prison for life, and requiring the appellate court to grant a new trial, if satisfied that the verdict was against the weight of evidence or against law, or that justice requires a new trial, is therefore constitutional. Cpon a trial for murder, where the killing by the prisoner is admitted,... | |
 | John H. Colby - 1868 - 796 pages
...the court below. In the cases mentioned in the act of 1855,2 the court may order a new trial, if it be satisfied that the verdict against the prisoner...or that justice requires a new trial, whether any exception shall have been taken or not in the court below. Under the act of 1855, above cited, the... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 858 pages
...before he can claim the benefit of that act, it must be made to appear to the Court that the verdict was against the weight of evidence, or against law, or that justice requires a new trial. Here was no error of law, and the evidence of guilt is certainly overwhelming. Opinion by BOCKES, J.... | |
 | 1889 - 546 pages
...judgment is of death, the Court of Appeals may order a new trial if it be satisfied that the verdict was against the weight of evidence or against law,...whether any exceptions shall have been taken or not iu the court below," a defendant cannot claim as a matter of right, the benefit of errors occurring... | |
 | Amasa Junius Parker - 1872 - 720 pages
...Sessions in the city of New York, brought up by writ of error, that the appellate court may now grant a new trial, whether any exceptions shall have been taken or not in the court below. But apart from this, oven if we should review the matter, I do not think the statements amounted to... | |
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And the appellate court may order a new trial if it be satisfied that the verdict against the prisoner was against the weight of evidence or against law, or that justice requires a new trial, whether any exception shall have been taken or not in the court... 
