People v. Walter Bennett, Appeal: Motion for a New Trial

People v. Walter Bennett, appeal

The defendant, Walter Bennett, moves for a new trial, on the following grounds.

  • First: That the verdict is contrary to the law, and clearly against the evidence.
  • Second: That the verdict is against the evidence and against the weight of evidence.
  • Third: Upon each of the exceptions taken by the defendant to the rulings of the Court upon objections to the admission of evidence offered by the prosecution.
  • Fourth: Upon each of the exceptions taken by the defendant to the rulings of the Court in excluding testimony offered by the defendant.
  • Fifth: Upon each and every exception taken to the ruling of the Court in admitting witnesses or testimony and deciding any question of law or instructing the jury upon the law, upon the trial of the issue therein.

The Court: Motion denied.

Mr. Charles E. La Barbier: Exception

The defendant, Walter Bennett, further respectfully moves in arrest of judgment, on the ground that no judgment can be rendered upon a verdict of guilty herein, upon the ground that the indictment was insufficient to confer jurisdiction upon this Court for the trial of this case, and that there are no facts alleged therein sufficient to constitute a crime.

The Court: I deny the motion

Mr. Charles E. Le Barbier: Exception

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