State v. Prescott
Superior Court of New Hampshire
Indictment fob Murder. The prisoner was tried at the court of common pleas, September term, 1834. and having been found guilty, and his counsel having moved for a new trial, the questions arising upon that motion were reserved for the consideration of this court.
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Indictment fob Murder. The prisoner was tried at the court of common pleas, September term, 1834. and having been found guilty, and his counsel having moved for a new trial, the questions arising upon that motion were reserved for the consideration of this court. The facts, upon which , the motion was founded, are sufficiently stated in the opinion of the court. cited 1 Co-wen’s Rep. 221, Smith vs. Thompson if note; 2 Conven, 589, Horton vs. Horton; 5 Cowen, 283, Oliver vs. The Trustees of the First Presbyterian Church in Springfield; Ohio Condensed Rep. 466 : 4 Johns. Rep. 294, The People…
1Opinion of the CourtParker, J.
Noques-lion of the right of the court to grant the prisoner a new trial, after a conviction in a capital case, has been raised in the argument, nor have the court any hesitation upon the subject. 17 Mass. Rep. 515, The Commonwealth vs. Green.
The provision in the 16th article of our Bill of Rights, that “ no subject shall be liable to be tried after an acquittal, for the same crime or offence,” implies that he may be again tried upon his own motion, after a conviction, if sufficient cause be shown.
The prisoner was entitled to a fair and impartial trial, according to the laws of the land; and,…
2Cases cited2 opinions
- the People v. Ransom.New York Supreme Court · 1831
- People v. M'KayNew York Supreme Court · 1820
3Cited by4 opinions
- Pierce v. StateSuperior Court of New Hampshire · 1843
- State v. DemerittSupreme Court of New Hampshire · 2002
- Bunnell v. LucasSupreme Court of New Hampshire · 1985
- State v. HowardSuperior Court of New Hampshire · 1845