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neous.

ment; and when, on alleging dimi not to be responsible for the act, nution, a certiorari had been issued they should acquit him, but otherand return thereto had been made, wise they must convict him, the the certiorari and return were struck charge was held not to be erroout on motion. McCann v. The

ib People,

272

12. Section three of chapter three 9. Any irregularity, which cannot be hundred and thirty-seven of the

made to appear in the return to the laws of 1855, which authorizes an writ of error, can be made availa appellate court, on a writ of error ble on motion, in the court below, from a court of Oyer and Terminer, either to quash the indictment, or to order a new trial, if it shall be for a new trial or for other appro satisfied that the verdict was against priate relief, according to the cir evidence, or against law, or that cumstances of the case.

ib justice requires a new trial, whether

any exception shall have been taken 10. Thus, if an error or irregularity or not in the court below, is inope

has occurred in summoning or im rative and void, for the reason that panneling the petit jury, unless it is in conflict with the sixteenth the defendant can present the ob section of the third article of the jection in the form of an exception constitution of this state, which to some decision upon the trial, he declares that no local bill shall emmust bring it before the court on a brace more than one subject, and motion for a new trial. He cannot that that shall be expressed in the make it the ground of reversing title.

ib the judgment upon writ of error.

ib 13. It is the duty of the officer to

whum an application is made for 11. Where the presiding judge had an allowance of a writ of error and

charged the jury that the defence a stay of execution in a capital case, of insanity must be proved beyond to deny the same if he is satisfied a reasonable doubt, and if the de of the legality of the conviction. fendant had satisfied them beyond The People v. Wood,

681 a reasonable doubt, so that they should find that at the time of kill

See PRECEPT. ing he was so far really insane as

New TRIAL

END OF VOLUME THREE.

2483 032

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