People v. Moyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harold Moyer, from a judgment of the County Court of Kings county, rendered against him on or about the 18th day of June, 1917, convicting him of the crime of maiming, and assault in the second degree, as a fourth offense.
1Opinion of the Court
Jenks, P. J.:
The defendant, appellant, was convicted in the County Court upon an indictment for maiming and for assault in the second degree as a fourth offense. I think that we should order a new trial, pursuant to the part of section 527 of the Code of Criminal Procedure that provides: “And the appellate court may order a new trial if it be satisfied that the verdict against the prisoner was against the weight of evidence.” The verdict *279against the defendant should not stand unless the proof justified a conclusion by the jury that the prosecution had overcome the presumption of the…
2Cases cited5 opinions
- People v. KnappMichigan Supreme Court · 1879
- People v. . ConrowNew York Court of Appeals · 1911
- Commonwealth v. CurtisMassachusetts Supreme Judicial Court · 1867
- People v. MantinAppellate Division of the Supreme Court of the State of New York · 1918
- Barney v. WorthingtonNew York Court of Appeals · 1867
3Cited by2 opinions
- People v. WachtelNew York Court of Special Session · 1930
- People v. VassilakouAppellate Division of the Supreme Court of the State of New York · 1959