178 P. 294 | Mont. | 1919
delivered the opinion of the court.
The defendant was convicted of a felony and the state has appealed from an order granting him a new trial.
Several of the statutory grounds are mentioned in the motion, but in this court the argument in support of the ruling is confined to one, viz.: The verdict is contrary to the evidence.
In 1863 the supreme court of California said: ‘It is only in
If the same judge who presided at the trial had presided
The right of a defendant who has been convicted, to move for a new trial upon the ground that the verdict is contrary to the evidence, is one conferred upon him — to the exclusion of the state — by statute (sec. 9350, Rev. Codes), and the authority of the district court to grant the motion is confirmed by the same section, and that, too, without reference to the fact that a different judge may preside at the hearing of the motion,
In civil actions, a new trial may be granted for “insufficiency of the evidence to justify the verdict.” (Sec. 6794, Rev. Codes.) This language has been uniformly held to require the
A defendant in a criminal ease who has been convicted is not
No useful purpose could be served by a review of the evidence. We content ourselves with saying that we have given careful consideration to the entire record, and the state has failed to convince us that the lower court erred in granting the motion.
The order is affirmed.
'Affirmed.