State v. Howser
North Dakota Supreme Court
Appeal from District Court, Nelson county; Fisk, J. William H. Howser and Lizzie Anthony were convicted of a conspiracy. From an order granting a new trial, the state appeals.
1Opinion of the CourtCochrane, J.
Defendants were convicted of a criminal conspiracy. They moved for a new trial. It was granted, and the state appeals from the order granting a new trial. It is claimed that the verdict is sustained by the evidence, and that the court abused its discretion in setting it aside as against the evidence.
The rule in civil cases in this state is that an order granting a new trial for insufficiency of the evidence will not be disturbed unless there was an abuse of discretion in making it, and the reviewing court will consider and weigh the evidence only so far as may be necessary to determine the…
2Cases cited20 opinions
- People v. TapiaCalifornia Supreme Court · 1901
- Pengilly v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1902
- Mullins v. StateTexas Supreme Court · 1873
- People v. KnutteCalifornia Supreme Court · 1896
- State v. . GoodsonSupreme Court of North Carolina · 1890
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3Cited by2 opinions
- State v. StrongNorth Dakota Supreme Court · 1924
- Nilson v. HortonNorth Dakota Supreme Court · 1909