People v. Flack

Under section 463 of the Code of Criminal Procedure, a new trial can only be granted in the eases provided in section 465. The latter section confers upon the court power to grant such new trial when a verdict has been rendered against the defendant, by which his substantial rights have been prejudiced, in the cases specified in the seven subdivisions which follow. These seven subdivisions need not be quoted in extenso, for the reason that the incident upon which the present application is founded has no relation to any of these subdivisions, except, possibly, the fourth. There is no pretense *280…