State v. Taylor.

8 N.C. 462

Opinion

Tayior, Chief-Justice,

delivered the opinion of the Court:

It would be to no purpose for this Court to decide, whether the paper writings offered in evidence were properly rejected by the Circuit Judge or not; for upon the supposition that they were not, we could not grant a new trial after the acquittal of the Defendant.

The act of 1815, ch. 895, gives the power of granting yew trials to the Superior Courts, only where the De-fcndant is found guilty. As, therefore, the Judge trying this cause could not have awarded a new trial, we cannot reverse his judgment for having refused it. The Verdict must consequently remain.