State v. Miller
Supreme Court of Minnesota
The defendant was tried before a Justice of the Peace of Nicollet County for petit larceny, and found guilty. He ajipealed from the judgment of the Justice to the Nicollet County District Court.
Read the full summary
The defendant was tried before a Justice of the Peace of Nicollet County for petit larceny, and found guilty. He ajipealed from the judgment of the Justice to the Nicollet County District Court. Upon atrial in said Court before a jury, the evidence on the part of the prosecution was: That one Long was the owner of a pair of bob sleds, which he took to a shop to have repaired ; that sometime from the middle of November to the first of December the repairs were completed and the sled placed outside .the shop; that four or five days afterwards it was noticed that one of the sleds was gone; that…
1Opinion of the Court
By the Court —
Wilson, C. J.
— It was the ancient common law-rule that a defendant convicted of felony could not for any cause have a new trial; the sole remedy being to apply for a pardon if for any cause the conviction was improper. 1 Chitty’s Cr. Law, 644, and cases there cited.
But in misdemeanors it was different. Rex vs. Maubey, 6 T. R., 638. This common law rule is not the law with us.
In most if not all of the United States new trials are grantable at the instance of the accused in all criminal cases. 1 Arch. Cr. Prac, and Plead., (7th Ed.,) 663, note and cases there cited; 2 Lead. Crim.…
2Cases cited1 opinion
- People v. StoneNew York Supreme Court · 1830
3Cited by1 opinion
- State v. StokelySupreme Court of Minnesota · 1871