State v. Tomlinson
Supreme Court of Iowa
Appeal from Clinton District Court. The defendant was tried and convicted of the crime of rape. A motion in arrest of judgment and for a new trial being overruled, the defendant appeals. The Supreme Court may set aside a verdict and grant a new trial in a criminal case on the ground that the verdict was against the evidence, when the court below refused the same. Whart. Am. Cr.
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Appeal from Clinton District Court. The defendant was tried and convicted of the crime of rape. A motion in arrest of judgment and for a new trial being overruled, the defendant appeals. The Supreme Court may set aside a verdict and grant a new trial in a criminal case on the ground that the verdict was against the evidence, when the court below refused the same. Whart. Am. Cr. L. 1007; The State of Connecticut v. Lyon, 12 Conn; The State v. Mungo Bird, 1 Mo. 585 ; Boll’s Case, 8 Leigh; Bedford v. The State, 5 Humphrey 552; Commonwealth v. Madden, dux, 5 Pick 429; Copeland v. The State, 7…
1Opinion of the CourtBaldwin, J.
There are several questions presented by the counsel for appellant in their argument in this cause, only one of which it becomes important for us to refer to in our opinion; and that is whether the verdict of the jury was so contrary to the weight of evidence as would justify the appellate court in reviewing the discretion of the District Court in refusing to the defendant a new trial.
In civil causes the order of the District Court granting or refusing a new trial may be reviewed by the Supreme Court. Ruble v. McDonald, 7 Iowa 90; Stewart v. Ewbank, 8 Ib. 191; Cook, et al, v. Sypher, Ib. 484.…
2Cases cited3 opinions
- Ruble v. McDonaldSupreme Court of Iowa · 1858
- Jourdan v. ReedSupreme Court of Iowa · 1855
- Leach v. KeachSupreme Court of Iowa · 1858
3Cited by23 opinions
- Ewing v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- State v. CrossSupreme Court of Iowa · 1861
- State v. CarterSupreme Court of North Carolina · 1965
- State v. SalingSupreme Court of Iowa · 1916
- State v. WiseSupreme Court of Iowa · 1891
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