People v. Larkman

This motion made by the defendant for a new trial on the ground of newly-discovered evidence is met by the preliminary objection on the part of the People that the court is without jurisdiction to entertain the motion, on the ground that the time within which such motion may be made has expired.

The defendant in February, 1926, was convicted of murder in the first degree, and was sentenced to death; upon appeal the Court of Appeals affirmed the judgment and fixed the date of execution for January 13, 1927; the Governor of the State, under the power vested in him by section 5, article 4 of the…