People v. Comstock
New York Supreme Court
The defendant was tried on an indictment for grand larceny, at the Herkimer circuit, in September, 1831, the indictment having been removed from the oyer and terminer, into this court by certiorari. The defendant was acquitted, and a new trial was moved for, on the ground of the alleged misdirection of the jury by the presiding judge.
1Opinion of the Court
By the Court, Sutherland, J.
It appears to be perfectly settled, that in offences greater than misdemeanor, a new trial cannot be granted on the merits, even where the prisoner has been convicted. Thus, in The King v. Mawbey and others, 6 Term R. 625, Garrow, arguendo, speaking of misdemeanors, says, “ If the defendant were unquestionably guilty, and the jury acquitted him, yet the court cannot grant a new trial; on the other hand, if a defendant be convicted of felony or treason, though against the weight of evidence, there is no instance of a motion for a new trial in such a case, but the…
2Cited by26 opinions
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- People v. RathbunNew York Supreme Court · 1839
- People v. WebbCalifornia Supreme Court · 1869
- Joy v. StateIndiana Supreme Court · 1860
- United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834
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