State v. Grant

The order of Judge Grimball, ordered to be reported, follows :

This cause comes now before this Court on motion of counsel for the defendants above named for an order granting a new trial.

I have heard the matter thoroughly argued by counsel for the defendants and by counsel for the State.

Inasmuch as the defendants are under sentence of death, I have, following the “in favorem vitae” rule, carefully read and considered the entire record in the cause, and have given the matter careful consideration.

One ground of the motion is based upon asserted failure of a retained attorney to appear for and…