State v. Brockhaus
Supreme Court of Connecticut
Petition by the accused for a new trial upon an indictment for murder in the first degree, brought to the same term of the Superior Court in Fairfield County at which he was convicted and sentenced, and reserved by that court, Creorge W. Wheeler, J., upon a finding of facts, for the consideration and advice of this court.
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Petition by the accused for a new trial upon an indictment for murder in the first degree, brought to the same term of the Superior Court in Fairfield County at which he was convicted and sentenced, and reserved by that court, Creorge W. Wheeler, J., upon a finding of facts, for the consideration and advice of this court. The petition was demurred to for formal defects, and this demurrer was overruled; but these questions were waived by the State’s Attorney in argument, and in view of the opinion on tlie main question are immaterial. The State’s Attorney then answered, and the defendant…
1Opinion of the CourtHamersley, J.
Had th e' defect complained of been known to the defendant before judgment, his proper remedy would have been by motion in arrest of judgment; but being in ignorance of the defect at the time, he is entitled to present his claim by a petition for a new trial. Under our practice, motions in arrest of judgment for causes not apparent of record, and applications for new trial for such causes, are substantially of the same nature, and their determination is controlled by similar principles. Quinebaug Bank v. Leavens, 20 Conn. 87, 88. This rule is narrowed by the decision in Brown v. Congdon, 50…
2Cases cited9 opinions
- State v. TullerSupreme Court of Connecticut · 1867
- Wassum v. FeeneyMassachusetts Supreme Judicial Court · 1876
- Hamlin v. StateSupreme Court of Connecticut · 1880
- State v. BabcockSupreme Court of Connecticut · 1815
- Barber v. BraceSupreme Court of Connecticut · 1819
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Gannon v. StateSupreme Court of Connecticut · 1903
- Beasley v. StateAlabama Court of Appeals · 1957
- Krooner v. StateSupreme Court of Connecticut · 1950
- McCarten v. Connecticut Co.Supreme Court of Connecticut · 1925
- State v. BuxtonSupreme Court of Connecticut · 1907
16 more not listed; retrieve them via the Exa API.