People v. . Dimick

Citations

• 14 N.E. 178
• 107 N.Y. 13
• 8 N.Y. Crim. 455
• 11 N.Y. St. Rep. 739
• 62 Sickels 13
• 1887 N.Y. LEXIS 980

Syllabus

<p>Section 538 of the Code of Criminal Procedure (ch. 493, L. 1887), vesting the court of appeals with jurisdiction to examine and determine, upon the whole case, whether it is satisfied “ that the verdict was against the weight of evidence, or against law, or that justice requires anew trial, whether any exceptions shall have been taken or not in the court below,” enlarges the jurisdiction of that court, and requires it to review the facts in every capital case, to determine whether there is good and sufficient reason for setting aside the verdict of the jury and granting a new trial, the intention of the legislature being to vest the court of appeals with power to disregard the neglect or omission of the accused to take the customary objections and exceptions, and to grant a new trial, when such a course would be, in its opinion, in furtherance of justice and the humane administration of the law.</p> <p>These provisions of the Oode do not, however, authorize the appellate court to disregard the effects of valid exceptions taken, by the defendant, on the trial, or excuse him from complying with the settled rules of practice, or exempt him from the duty of presenting the usual and ordinary questions arising, on the trial, in the form and manner heretofore pursued.</p> <p>In the discussion of the broad question, in the appellate courts, as to whether substantial justice has been done, upon the trial, the accused may, under the act, urge a review upon the merits of the case regardless of exceptions; but the power to charge the result being discretionary in the court, he cannot insist upon the provisions of the act, as a matter of right, and in reviewing the various incidental qustions arising during the progress of the trial, and the exceptions taken to the admission and exclusion of evidence, or to the instructions of the court, regard must still be had to the established rules of law regulating such proceedings.</p> <p>The fact that a crime was committed in a den of