State v. Brent

After an Island county jury had found Harold Theodore Brent guilty of murder in the second degree, a motion for a new trial was interposed on five of the grounds enumerated in Rem. Rev. Stat., § 399 [P.P.C. § 78-3] (prior to its amendment in 1933), in the language of that section. All of these grounds except the first, which is not material here, are likewise grounds for a new trial under Rem. Rev. Stat., § 2181 [P.P.C. § 136-1], although the phraseology in several instances is quite different. The order granting a new trial stated- the grounds on which it was entered as follows:

“It is…