O'Brien v. Brady

This is an appeal from an order granting a new trial. The grounds of the motion for a new trial were, newly-discovered evidence, insufficiency of the evidence to justify the verdict, and that the verdict is contrary to law and the instructions of the Court. *244The appellant contends that the affidavits of newly-discovered evidence do not make out such a case as entitles the defendant to a new trial. Where the motion is founded upon newly-discovered evidence, or that the verdict is against the evidence, an enlarged discretion is vested in the Court below in the granting of new trials; and this…