A Digest of the Principles And Practice of Common Law, Conveyancing, Equity, Bankrupty, And Criminal Law
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A new trial cannot be granted where the verdict is special, or where the indictment is not in the Queen's Bench.
The time for the motion is as in civil cases. Arch. Or. PL, 159.
13. Q. When wiU. a new trial in a case of perjury be refused by the Court ?
A. Oases of perjury do not appear to stand on a different footiag from other misdemeanours, and the rules stated in the last answer apply to them, with the exception that conviction is not necessary as in cases of misdemeanour, a new trial may b...e ordered after acquittal.
14. Q. On a motion for a new trial, are affidavits of new facts admissible under any, and what, circumstances ?
A. Affidavits are admissible on the application for a new trial ; and if the facts disclose surprise, or any of the grounds above mentioned, a new trial will be granted. If, however, the proceed- ings have been perfectly regular, and there has been no improper reception of evidence or misdirection, a new trial wiU be refused.
The course usually adopted when new facts appear tending to show the innocence of the prisoner, is to apply to the Home Secre- tary for a remission of the sentence.
What to read after A Digest of the Principles And Practice of Common Law, Conveyancing, Equity, Bankrupty, And Criminal Law?
You can find similar books in the "Read Also" column, or choose other free books by Anderson, Charles Henry to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
A new trial cannot be granted where the verdict is special, or where the indictment is not in the Queen's Bench.
The time for the motion is as in civil cases. Arch. Or. PL, 159.
13. Q. When wiU. a new trial in a case of perjury be refused by the Court ?
A. Oases of perjury do not appear to stand on a different footiag from other misdemeanours, and the rules stated in the last answer apply to them, with the exception that conviction is not necessary as in cases of misdemeanour, a new trial may b...e ordered after acquittal.
14. Q. On a motion for a new trial, are affidavits of new facts admissible under any, and what, circumstances ?
A. Affidavits are admissible on the application for a new trial ; and if the facts disclose surprise, or any of the grounds above mentioned, a new trial will be granted. If, however, the proceed- ings have been perfectly regular, and there has been no improper reception of evidence or misdirection, a new trial wiU be refused.
The course usually adopted when new facts appear tending to show the innocence of the prisoner, is to apply to the Home Secre- tary for a remission of the sentence.
What to read after A Digest of the Principles And Practice of Common Law, Conveyancing, Equity, Bankrupty, And Criminal Law?
You can find similar books in the "Read Also" column, or choose other free books by Anderson, Charles Henry to read onlineMoreLess
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