People v. Leighton
New York Supreme Court
Motion for a new trial, on the ground of newly discovered evidence, made before Daniels, J., as a Justice of the Supreme Court, under §§ 465 and 466 of the Code of Criminal Procedure. 1 The defendant, Augustus D. Leighton, was convicted of murder in the first degree in the Court of Oyer and Terminer of New York county. On appeal the judgment of conviction was affirmed by the Supreme Court at General Term (10 Abb.
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Motion for a new trial, on the ground of newly discovered evidence, made before Daniels, J., as a Justice of the Supreme Court, under §§ 465 and 466 of the Code of Criminal Procedure. 1 The defendant, Augustus D. Leighton, was convicted of murder in the first degree in the Court of Oyer and Terminer of New York county. On appeal the judgment of conviction was affirmed by the Supreme Court at General Term (10 Abb. A. G. 261), and the Court of Appeals (88 A. Y. 117). After the affirmance of the Court of Appeals the present motion was made. The facts appear in the opinion.
1Opinion of the CourtDaniels, J.
The defendant is now under sentence of death upon a conviction of the crime of murder in the first degree, and this motion is made because of newly discovered evidence, which it is claimed would probably have changed the result if it had been produced upon the trial already had. The application is made under the authority of the recent amendment to § 466 of the Code of Criminal Procedure. This amendment in no manner enlarges or qualifies the grounds previously provided for, upon which a motion of this nature may be made. But it simply provides that in this class of cases the motion may be…
2Cases cited1 opinion
- Peck v. HilerNew York Supreme Court · 1860