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" 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... "
New York Criminal Reports: Reports of Cases Decided in All Courts of the ... - Página 394
1922
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Laws of the State of New York

New York (State) - 1858 - 812 páginas
...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, or...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,...
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Reports of Decisions in Criminal Cases Made at Term, at Chambers and in the ...

Amasa Junius Parker - 1858 - 734 páginas
...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, or...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...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volumen6

Austin Abbott - 1858 - 610 páginas
...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...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 Court of...
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Document, Volumen25

1859 - 1018 páginas
...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...
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Reports of Cases Argued and Determined in the Commission of ..., Volumen194

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1909 - 764 páginas
...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...
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Practice Reports in the Supreme Court and Court of Appeals, Volumen18

Nathan Howard (Jr.) - 1860 - 620 páginas
...parties in such cases a right to a new trial if the supreme court shall be satisfied that the verdict was against the weight of evidence or against law, or...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...
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Reports of Decisions in Criminal Cases Made at Term at Chambers ..., Volumen4

Amasa Junius Parker - 1860 - 720 páginas
...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 or that justice requires a new trial, whether any exceptions shall have been taken or not in the court below." (Sess. £., 1855, ch., p. 337, 613.) II....
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Report of the Prison Association of New York, Volumen22

Prison Association of New York - 1866 - 252 páginas
...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...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volumen16

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 páginas
...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,...
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Practice Reports in the Supreme Court and Court of Appeals, Volumen31

Nathan Howard (Jr.) - 1866 - 656 páginas
...brought, 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, or that justice requires a new trial, whether any exceptions shall have been taken or not in the court below. The provisions of this act make it, therefore,...
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