State v. De Hart

7 N.J.L. 172

Opinion

Kirkpatrick, O. J.

It never was doubted that a new trial could be granted in favor of a defendant;* but no adjudged case could be found where a new trial had been granted on the part of the state, where, on an indictment, a general verdict had been rendered in favor of the defendant. In this case, cited from 6 Term Reports, the application was made by the defendants. We are all of opinion that it is contrary to practice to grant a new trial in criminal cases after a verdict for the defendant.

Buie for new trial discharged.

Footnotes

*

It if? said, that in cases of felony no new trial can he granted at all on the application of the defendants. Term Rep. 633; 3 Bl. Com. 387, no'e; 1 John. Ch. Ca. 18 But in the case of the United States v. Fries, a new trial was granted at the prayer of the defendant, on an indictment for treason. 3 Dal. 315. See also 1 Bin. 379. State v Hopkins.