"From the time of Lord Hale to that of Chadwick's case, just cited, the textbooks, with hardly an exception, either assume or assert that the defendant (or his representative) is the only party who can have either a new trial or a writ of error in a criminal case, and that a judgment in his favor is final and conclusive. See 2 Hawk. c. 47, § 12; c. 50, §§ 10 et seq.; Bac.Ab.Trial, L. 9; Error, B; 1 Chit.Crim.Law, 657, 747; Stark.Crim. Pl. (2d ed.) 357, 367, 371; Archb.Crim. Pl. (12th Eng. and 6th Am. ed.) 177, 199."