People v. Bellis

Wadhams, J. :

Motion is made for a new trial. The defendant was convicted of feloniously carrying a pistol, as a second offender.

The indictment alleged that the defendant had on the 11th day of May, 1911, been convicted in the Court of General Sessions, of burglary in the third degree. Upon this trial the prior conviction was admitted by stipulation upon the record. The ground upon which the defendant now makes motion for a new trial is that he has newly discovered evidence which will establish that the defendant at the time of his prior conviction in the Court of General Sessions was not…