People v. Chew Wing Gow

The defendant was convicted of murder in the first degree and sentenced to be punished by imprisonment in the state prison for life. A motion for a new trial was regularly made *299 and submitted, and was granted by the court on the ground of the insufficiency of the evidence to justify the verdict. From this-order the people have appealed, as stated in the notice, on questions of both law and fact.

It is claimed by the attorney general that the judge in granting a new trial abused the discretion reposed in him by the law. It is made his duty to grant a new trial if in his opinion the verdict is against the evidence. ■ This is one of the most important duties which the trial judge has to perform, and, since no efficient review of his action can be had, it is peculiarly incumbent upon the judge to weigh the evidence with care, and grant a new trial when, in his opinion, the interests of justice require it. In my opinion, there is no more prolific cause of the miscarriage of justice than the reluctance of trial judges to grant new trials in criminal cases. This court can review the evidence only so far as it is necessary to pass upon points of law raised; and, although there are…