Rodgers v. People

By the court—Sutherland, Justice.

Although the statute under which this case has been brought here by writ of error, gives this court the power to grant a new trial, if the court were satisfied that the verdict against the prisoner was against the weight of evidence, (Laws of 1855, p. 613, § 3,) yet we cannot say in this case, that the verdict was against the weight of evidence.

According to the testimony of Margaret Swanston, .the wife of'the deceased, there was no mutual combat, and the fatal blow was struck by Bodgers without a blow from her husband. Her testimony is partially confirmed by…