State v. Hyland

The opinion of the Court was delivered by

Manning, J.

This case was remanded with instructions to the lower judge to hear and preserve the testimony of the witnesses offered by the defendant in support of his affidavit on his motion for a new trial, and to consider the same and to act thereon. The judge has obeyed those instructions, and has refused a new trial.

Two of those witnesses were no longer accessible. One of them had left the State, and the other could not be found. A third witness is not produced nor is his affidavit, and Ms absence is not accounted for. The affidavit of the fourth…