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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... "
Transcript Appeals: The File of Opinions in Cases Argued Before the Court of ... - Página 9
por New York (State). Court of Appeals, Joel Tiffany - 1868
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Reports of Practice Cases, Determined in the Courts of the State ..., Volumen6

Austin Abbott - 1858 - 610 páginas
...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...
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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 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...
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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 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...
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Practice Reports in the Supreme Court and Court of Appeals, Volumen18

Nathan Howard (Jr.) - 1860 - 620 páginas
...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 of evidence or against law, or that justice requires a new trial, whether any exception shall have been taken or not in the court below. (Laws 0/1855, p. 613.) Several...
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Reports of Decisions in Criminal Cases Made at Term at Chambers ..., Volumen4

Amasa Junius Parker - 1860 - 720 páginas
...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 of evidence or against law, or that jusSanchez v. The People. tice requires a new trial, whether any exception shall have been taken or...
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Report of the Prison Association of New York, Volumen22

Prison Association of New York - 1866 - 252 páginas
...court or 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
...states 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,...
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Practice Reports in the Supreme Court and Court of Appeals, Volumen31

Nathan Howard (Jr.) - 1866 - 656 páginas
...may be 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...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volumen3

Austin Abbott - 1868 - 598 páginas
...decision, seems to have been acquiesed in at the time ; and when a ruling was made, it was in all respects as full and extensive as the prisoner's counsel desired....the court that the verdict was against the weight of O'Brien v. The People. evidence, or against law, or that justice requires a new trial. Here was...
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A Practical Treatise Upon the Criminal Law and Practice of the State of New ...

John H. Colby - 1868 - 796 páginas
...of 1855,2 the 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 below. Under the act of 1855, above...
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