In Re Westcott

Carl Westcott, the petitioner, was indicted for murder. He was tried twice and was twice convicted. The first judgment was reversed upon appeal because of the erroneous admission of certain evidence. After the second trial the court granted the defendant’s motion for a new trial on the ground that the evidence was insufficient to support the verdict. Upon appeal from that order this court affirmed the same. The ease is to be tried again, but there is nothing to indicate that additional evidence will be produced by the People. Pending the appeal last mentioned an application was made in the…