Commonwealth v. Hine

Citations

• 213 Pa. 97
• 62 A. 369
• 1905 Pa. LEXIS 379

Syllabus

<p>Criminal law — New trial — Discretion—Appeals.</p> <p>After a conviction of murder of the first degree the prisoner asked for a new trial on the ground that the district attorney by representing to defendant’s counsel his willingness to accept a plea of guilty of murder of the second degree induced the latter to go to trial without having made proper preparations; and also on the ground of after-discovered evidence. As to the first reason the trial judge found that there had been no misunderstanding as to the plea which was to be entered, and that the defendant’s counsel had been allowed, at his own request, a week to prepare the case. As to the second reason, the trial judge found that the after-discovered evidence was merely cumulative as to the mental and physical condition of the prisoner prior to the killing. Held, that a new trial was properly refused.</p>