Citation Numbers: 3 Park. Cr. 518
Judges: Balcom
Filed Date: 9/15/1857
Status: Precedential
Modified Date: 1/12/2022
We entertain no doubt but that Courts of Oyer and Terminer have power to grant new trials to prisoners who have been found guilty upon insufficient evidence, or where verdicts have been rendered against evidence. (The People v. Stone, 5 Wend., 39; The People v. Morrison, 1 Park. Cr. R., 625.) But before a Court of Oyer and Terminer ought to exercise this power, the case should be such as to have made it the duty of the court to advise the jury to acquit the defendant, or that it was unsafe for them to convict him.
The condition of the case is such that we must regard the defendant’s evidence as out of it, or as false, in determining the defendant’s application for a new trial. We cannot, therefore, grant a new trial, although we should have been better satisfied with the action of the jury if they had acquitted the defendant.
Motion for a new trial denied, and the defendant sentenced to imprisonment in the state prison for the term of two years.