98 N.W. 352 | N.D. | 1904
Defendants were convicted of a criminal conspiracy. They moved for a new trial. It was granted, and the state appeals from the order granting a new trial. It is claimed that the verdict is sustained by the evidence, and that the court abused its discretion in setting it aside as against the evidence.
The rule in civil cases in this state is that an order granting a new trial for insufficiency of the evidence will not be disturbed unless there was an abuse of discretion in making it, and the reviewing court will consider and weigh the evidence only so far as may be necessary to determine the question whether the trial court acted within its discretion. Pengilly v. Machine Co., 11 N. D. 249, 91 N. W. 63; Dinnie v. Johnson, 8 N. D. 153. 77 N. W. 612; Gull River
The order appealed from is affirmed.