People v. Powell

Hoffman, Recorder.

The prisoner, Joseph Powell, having been convicted of grand larceny at the February (1862) term of this court, his counsel has moved the court to grant a new trial upon the merits, and on the ground of newly-discovered evidence. The motion is made under section 4 of chapter 339 of the Laws of 1859, which section is as follows, viz.:

“The Courts of Sessions-of the several counties in this State shall have power to grant new trials upon the merits, or for irregularity, or on the ground of newly-discovered evidence, in all cases tried before them.”

The district-attorney opposes…