People v. . Priori
New York Court of Appeals
Appeal from an order of a Special Term of the Supreme Court, 17ew York county, entered March 30, 1900, denying a motion of the defendant for the resettlement of a case prepared to review a judgment of death. Also a motion by respondent to dismiss'said appeal. The facts, so far as material, are stated in the opinion.
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Appeal from an order of a Special Term of the Supreme Court, 17ew York county, entered March 30, 1900, denying a motion of the defendant for the resettlement of a case prepared to review a judgment of death. Also a motion by respondent to dismiss'said appeal. The facts, so far as material, are stated in the opinion. The motion for a new trial upon the ground of newly-discovered evidence, made after conviction, but before affirmance of judgment, and before the ease or bill of exceptions is made, should be included in the judgment roll. (Code Grim. Pro. §§ 465, 466, 485, 517; People v. Noonan,…
1Opinion of the CourtVann, J.
On the 2d of May, 1899, the defendant appealed to this court from a judgment of death pronounced against him three days before. In June following he moved for a new trial on newly-discovered evidence, but the motion was denied by an order entered on the 20th of October. Subsequently his attorneys served a proposed case which, among other things, contained the affidavits and proceedings on said motion, but they were struck out on the settlement by the allowance of an amendment prepared by the district attorney. Thereupon the defendant moved, at a Special Term held by the justice who presided…
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