
    The People of the State of New York, Respondent, v. Edward Hovey.
    (Argued October 2, 1883 ;
    decided October 9, 1883.)
    This was an appeal from an order of General Term, which affirmed an order of Special Term denying a motion for a new trial on the ground of newly-discovered evidence. On account of the serious character of the case, the accused having been convicted of murder in the first degree, without passing upon the question as to whether an order denying such an application in a criminal action is reviewable here, the court examined the alleged newly-discovered evidence, and a majority agreed in the conclusion of the General Term that “ a case was not made for the intervention of the court in granting a new trial.”
    
      
      William F. Kintzing and Thomas F. Grady for appellant.
    
      John Vincent for respondent.
   Per Curiam

mem. for affirmance.

All concur, except Rapallo, Miller and Finch, JJ., dissenting, the former reading a dissenting opinion.

Order affirmed.  