People v. Chew Wing Gow

Citations

• 120 Cal. 298
• 52 P. 657
• 1898 Cal. LEXIS 756

Syllabus

<p>Criminal Law—Homicide—Conviction of Chinese Defendant — Order Granting New Trial—Discretion—Duty of Trial Judge—Conflicting Evidence—Perjury—Review upon Appeal.—An order granting a new trial to a defendant in a criminal case on the ground of the insufficiency of the evidence to justify the verdict of conviction is within the discretion of the trial court, and it is the duty of the judge to grant a new trial when, in his opinion, the interests of justice require it; and where a Chinese defendant was convicted of murder upon conflicting evidence, and perjury may have been and probably was committed in the case, an order granting to him a new trial is not an abuse of discretion, and will be affirmed upon appeal.</p>