66 P. 932 | Idaho | 1901
— This is an appeal from an order denying a new trial. The application is based upon the ground of newly discovered evidence. This application was made to the district court on the twenty-fifth day of April, 1901, and four years after the judgment of conviction against the defendant. The court properly denied the motion. The application for a new trial must, under the provisions of our Penal Code (Rev. Stats., sec. 7953), be made within ten days after verdict, unless the court or judge extends the time. This court has repeatedly held that applications for a new trial, in criminal actions, must be made within ten days after the verdict, unless the time for making the application is extended by order of
Again, the case presented by this overdrawn picture presupposes the conviction of A without proof of the corpus delicti, which could hardly occur in any civilized country. But in the event of such case, while the power to grant relief does not rest with the courts, yet our constitution has vested the power of granting relief to another tribunal, to wit, the board of pardons.
For the foregoing reasons the appeal from said order is dismissed, this court having no jurisdiction to reverse the order denying the new trial demanded.