| New York (State) - 1906 - 610 páginas
...Corey, 148 NY 476 ; 12 NY Cr. Rep. 151. Duty of Court of Appeals to grant a new trial where the verdict is against the weight of evidence or against law, or that justice requires it. People v. Shea, 147 NY 78; 69 NY St. Rep. 320; 10 NY Cr. Rep. i. The Court of Appeals, however,... | |
| New York (State). Court of Appeals - 1907 - 400 páginas
...Sessions of the peace, in and for the City and County of New York, that this Court is authorized to grant a new trial, "whether any exception shall have been taken, or not, to the Court below." But we think the law was correctly expounded to the jury. The Judge said : "In... | |
| New York (State) - 1908 - 886 páginas
...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...exception shall have been taken or not in the court below. Am'd L. 1907, ch. 479. In effect Sept. 1, 1807. This applies onlv to the supreme court and gives it... | |
| 1908 - 1304 páginas
...Code Cr. Proc. 8 527, providing that the Appellate Court may order a new trial If justice requires it, whether any exception shall have been taken or not in the court below, a conviction for larceny by an agent should be reversed where defendant's counsel erroneously based... | |
| American Bar Association - 1909 - 1198 páginas
...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 exceptions shall have been taken or not in the court below.' " (Code Crim. Pro., Sec. 528.) We also... | |
| Charles Richmond Henderson - 1910 - 378 páginas
...judgment is of death, may order a new trial, if it is satisfied that the verdict against the defendant was against the weight of evidence or against law, or that justice requires a new trial, whether exceptions have been taken or not. The defendant's appeal to the Court of Appeals stays execution only... | |
| New York (State). Courts - 1910 - 784 páginas
...where there is no exception requiring it, unless the court reaches the conclusion that the verdict was against the weight of evidence or against law, or that justice requires a new trial. People v. Filipelli (1903), 173 NY 509; People v. Rice (1899), 159 NY 400. A case for the reversal... | |
| New York (State) - 1911 - 1222 páginas
...judgment is of death, the court of appeals may order a i;ew trial, if it 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. (Amended by L. 1882, ch. 360 ; L. 1887, ch. 493 ; L. 1895, chs. 119, 880; L. 1897, ch. 427.) Derivation... | |
| New York (State) - 1911 - 1204 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 any exception shall have been taken or not, in 221 CODE OF CRIMINAL PROCEDURE. [§ the court below. (Amended by L. 1882, ch. 360; L. 1887, ch. 493... | |
| United States. Congress. House. Committee on the Judiciary - 1912 - 78 páginas
...legislative direction that " when the judgment is of death, 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 exceptions shall have been taken or not in the court below." (Code Crim. Proc., sec. 527.) Similar... | |
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