People v. . Wolter

Willard Bartlett, J. :

The jurisdiction conferred by the Oonstitution and the statutes upon the Court of Appeals in cases where the judgment is of death compels us to examine into the facts upon an appeal of this character, for, irrespective of any exceptions in the record, it is made our duty to order a new trial if satisfied that the verdict was against the weight of evidence, or that justice requires a new trial. (Code Crim. Proe., § 528.) In the performance «of this duty, the facts of this shocking case as they appear in the record of the trial have been most carefully considered and…