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People v. Marble

The People v. Emily U. Marble

People v. Marble, 38 Mich. 309 (1878)
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Court
Michigan Supreme Court · State Highest Courts
Decided
January 29, 1878
Citations
38 Mich. 3091878 Mich. LEXIS 66
Headnotes
New trial in cases of felony. New trial in eases o£ felony was not granted at common law. New trial in cases of felony is allowed by Michigan statutes in only two ways, viz.: (1) on exceptions sustained by the Supreme Court, and (2) by the trial court at the term at which trial was had, or the next term.
Summary
Motion for leave to apply for new trial.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

This case, having been before the court on exceptions, was sent back to the circuit court for the county of Ingham with directions to proceed and sentence the prisoner, who had been convicted of murder.

She now desires leave to apply for a new trial, on the ground of newly discovered evidence, and for other reasons. More than one term-has expired since her trial.

At common law a new trial was not granted in cases of felony, and the provisions in our State allowing it are purely statutory. Our statutes allow it to be had only in two ways: (1) on exceptions properly taken and' sustained by the Supreme Court, and (2) by the court wherein the respondent was tried, “at the same term, or at the next term thereafter.” Comp. L., ch. 262.

In this instance a new trial has been refused by this court on exceptions, and by the circuit court on a motion heretofore made in season. We think the statute fixing the time for such a motion cannot be enlarged in its operation, and as there is no such remedy at the common law, the party is confined to the statutory remedy, which is now barred by lapse of time.

*310 Without discussing the affidavits, we must deny the motion, as the power of the circuit court in the matter is exhausted.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1897: 11898: 11915: 11921: 118972026peak 1897 · 1

Relies on it most ⓘ

  1. Nichols v. Houghton Circuit Judge152 N.W. 482 (Mich. 1915)
  2. State v. B182 N.W. 474 (Wis. 1921)
  3. People v. Swartz76 N.W. 491 (Mich. 1898)
  4. Frazer v. Judge of Recorder's Court70 N.W. 1042 (Mich. 1897)

Most recent

  1. State v. B182 N.W. 474 (Wis. 1921)
  2. Nichols v. Houghton Circuit Judge152 N.W. 482 (Mich. 1915)
  3. People v. Swartz76 N.W. 491 (Mich. 1898)
  4. Frazer v. Judge of Recorder's Court70 N.W. 1042 (Mich. 1897)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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