The appeal brings up for review the denial, without a hearing, of defendant's motion to set aside the verdict and for a new trial on the ground of newly discovered evidence. Case remitted to Criminal Term to hear and report on defendant's motion to set aside the verdict and for a new trial in accordance with the memorandum herein. The appeal from the judgment will be held in abeyance in the interim. Criminal Term shall file its report with all convenient speed. Defendant...
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