State v. Hill

of the same opinion, except in extraordinary cases, where there is a contagious distemper in the prison, &c.

were of opinion the court ought to exercise a discretion in considering and deciding on affidavits produced, although they may tend to controvert the finding of the jury : but Nott, and Colcock, Js., were of opinion that the judge had done so in this case. He refused to héar the affidavits read.