The question which seems to have been debated in this case is, whether a Court of Oyer and Terminer, held at a term subsequent to that in which a person has been convicted and sentenced, can grant him a new trial. It does not appear to have been asserted in the argument, either here or in the Supreme Court, that for offences greater than a misdemeanor, a new trial cannot be granted by any court on the merits. Certainly, however, this is the rule of the common law. It has been always tenacious…
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