by John Marshall Harlan

“ In view of the order of the trial court directing the motion for a new trial and a motion to arrest the judgment to be embraced in one motion, we have, in our consideration of the case, treated the motion for new trial as having been intended to be also one to arrest the judgment. ”

“ Neither the constitution nor the laws of Mississippi, by their language, reasonably interpreted, or as interpreted by the highest court of the state, show that the accused was denied, or could not enforce in the judicial tribunals of the state, or in the part of the state where such suit or prosecution is pending, 'any right secured to him by any law providing for the equal civil rights of citizens of the United States, or of all persons within the United States.' Rev. ”

“ None of these motions are so presented by the record as to raise any question as to the deprivation of rights secured to the accused by the constitution or laws of the United States.
4. The overruling of the motion for a new trial is not a matter which this court can reexamine upon writ of error, the granting or refusing of such a motion being a matter within the discretion of the trial court. ”