People v. Coulter

I dissent. Aside from the special importance of this appeal to the defendant, the case is of general importance on account of the question of practice which it involves — a question destined apparently never to reach a definite settlement in this court. There is no doubt that a defendant in a criminal case who has moved for a new trial on the ground that the verdict is contrary to the evidence is entitled to a reversal of the order denying his motion when it appears by the record on appeal that there was a total failure of proof as to any material allegation of the indictment or information.…