Greason's Petition

Citations

• 205 Pa. 630
• 55 A. 788
• 1903 Pa. LEXIS 629

Syllabus

<p>Criminal law — Murder—Homicide—Petition for rehearing — After-discovered evidence — Act of April 22, 1903, P. L. 215.</p> <p>Where in a homicide case, a petition for a rehearing on the ground of after-discovered evidence is presented by the prisoner to the Supreme Court and the matters alleged raise no question of error in the court below on the trial, but tend to throw such doubt on the truthfulness of some at least of the evidence on which the prisoner was convicted as to demand an investigation in the interest of justice, and the term has expired, although the petition is not in the exact form contemplated by the Act of April 22, 1903, P. L. 215, yet where it presents in substance a case coming within its provisions, the Supreme Court will remit the record to the court below and authorize it in its discretion to grant a rule for a new trial nunc pro tunc and to proceed therein in accordance with the act of April 22, 1903.</p>