 When the 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, or that justice requires a new trial. whether any exception shall have been taken or not...  The Northeastern Reporter - Page 4101914Full view - About this book
 | New York (State) - Session laws - 1858 - 812 pages
...appellate court may order a new trial, if it shall be satisfied that the verdict against the prisoner was against the weight of evidence or against law,...exception shall have been taken or not in the court below. Chap. 331. AN ACT to amend chapter two hundred and eighty of the Laws of eighteen hundred and forty-five,... | |
 | Amasa Junius Parker - Criminal law - 1858 - 734 pages
...appellate court may order a new trial, if it shall be satisfied that the verdict against the prisoner was against the weight of evidence or against law,...exception shall have been taken or not in the court below. I am inclined to think this provision inoperative and void, so far as it relates to " the Courts of... | |
 | New York (N.Y.) - 1859 - 1018 pages
...satisfied that the verdict against the prisoner was against the weight of evidence, or against the law, or that justice requires a new trial, whether...exception shall have been taken or not in the court below. AN ACT IN RELATION TO THE JURISDICTION OF THE MARINE AND DISTRICT COURTS OF THE CITY OF NEW YORK, IN... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 1909 - 764 pages
...be satisfied that the verdict against the prisoner was against the weight of evidence or against the law, or that justice requires a new trial, whether...exception shall have been taken or not, in the court Mow." Section 528 has reference to appeals to the Court of Appeals, and when the judgment is of deatli... | |
 | Nathan Howard (Jr.) - Civil procedure - 1860 - 620 pages
...of this city, wtieh gives to parties in such cases a right to a new trial if the supreme court shall be satisfied that the verdict was against the weight...exception shall have been taken or not in the court below. (Laws 0/1855, p. 613.) Several exceptions, however, were specifically taken at the trial, and still... | |
 | Amasa Junius Parker - Criminal law - 1860 - 720 pages
...the verdict was against the weight of evidence or against law, or that jusSanchez v. The People. tice requires a new trial, whether any exception shall have been taken or not in the court below. (Laws 1855, 613.) Several exceptions, however, were specifically taken at the trial, and are still... | |
 | 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 - Law reports, digests, etc - 1864 - 668 pages
...appellate court may order a new trial, if it shall be satisfied that the verdict against the prisoner was against the weight of evidence, or against law,...exception shall have been taken or not in the court below. I think it was competent and proper for the Supreme Court, at general term, to pronounce judgment in... | |
 | John H. Colby - Criminal law - 1868 - 796 pages
...be satisfied that the verdict against the prisoner was against the weight of evidence or against the law, or that justice requires a new trial, whether...exception shall have been taken or not in the court below.4 Upon seeking a review under the above provision of the statute, where there were no exceptions... | |
 | Austin Abbott - Civil procedure - 1868 - 598 pages
...a conviction for a capital offense, the appellate court may order a new trial if "satisfied * * * * that justice requires a new trial, whether any exception...shall have been taken or not in the court below," — does not permit an appellate court to disregard an error adverse to the prisoner, committed in... | |
 | Amasa Junius Parker - Criminal law - 1872 - 720 pages
...newtrial, when it shall be satisfied the verdict was against law, or against the weight of evidence, or that justice requires a new trial, " whether any...shall have been taken or not, in the court below." ib 20. Qn the trial of an indictment for murder the defensf interposed was insanity. The judge charged,... | |
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