The Code of Criminal Procedure of the State of New YorkWeed, Parsons, Public printers, 1850 - 486 страница |
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Страница 6
... accused and brought to trial and punishment , is known as a criminal action . § 10. A criminal action is prosecuted in the name of the people of the state of New - York as a party , against the party charged with the offence . § 11. The ...
... accused and brought to trial and punishment , is known as a criminal action . § 10. A criminal action is prosecuted in the name of the people of the state of New - York as a party , against the party charged with the offence . § 11. The ...
Страница 58
... accused party to be heard in his defence , and that the cause of removing him should be assigned in the order . In order to establish an uniformity of practice on this subject , the code provides , that an accusation in writing shall be ...
... accused party to be heard in his defence , and that the cause of removing him should be assigned in the order . In order to establish an uniformity of practice on this subject , the code provides , that an accusation in writing shall be ...
Страница 59
... accused is elected or appointed . § 117. The accusation must state the offence charged , in ordinary and concise language , without repetition , and in such a manner as to enable a person of common understanding to know what is intended ...
... accused is elected or appointed . § 117. The accusation must state the offence charged , in ordinary and concise language , without repetition , and in such a manner as to enable a person of common understanding to know what is intended ...
Страница 77
... accused sometimes submits to illegal acts ; at others , resists those to which he ought to submit . The citizen , when legally called on to enforce the execution of the law , refuses to obey , or makes himself liable to a prose- cution ...
... accused sometimes submits to illegal acts ; at others , resists those to which he ought to submit . The citizen , when legally called on to enforce the execution of the law , refuses to obey , or makes himself liable to a prose- cution ...
Страница 84
... to provide an adequate remedy , -they have resolved in this , as in other respects , to recommend the ad- option of such proivsions as will protect the substantial rights of a party accused of crime . It is one 84 THE CODE OF.
... to provide an adequate remedy , -they have resolved in this , as in other respects , to recommend the ad- option of such proivsions as will protect the substantial rights of a party accused of crime . It is one 84 THE CODE OF.
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Чести термини и фразе
accusation admitted to bail appear bench warrant cause challenge CHAPTER city and county city court city of New-York clerk Commissioners common law conformity constitution counsel county of New-York court of oyer court of sessions Crim crime criminal actions custody deemed defendant demurrer depositions dictment discharged district attorney duty endorsed evidence examination execution existing practice fact felony fendant filed grand jury guilty impeachment imprisonment indictment indictment found issue judgment jurisdiction juror justice last section last two sections magistrate ment misdemeanor oath offence charged offences committed oyer and terminer party peace officer peremptory challenges perjury person plea pleading police prescribed present presiding judge prison proceedings proper prosecution provided in section public offence punishable with death reason removal rule sheriff statutes substantially sufficient summoned supreme court sworn taken testimony therein thereof tion trial triers undertaking verdict warrant of arrest William Green witnesses
Популарни одломци
Страница 245 - A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant, on a plea of a former conviction or acquittal.
Страница 229 - If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor of the defendant upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given unless the jury expressly find against the defendant upon the issue, or judgment is given against him on a special verdict.
Страница 210 - A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal...
Страница 7 - ... in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the Court that he is dead or insane, or cannot with due diligence be found within the state...
Страница 463 - person" includes a corporation, as well as a natural person. § 956. Definition of " writing."— The term "writing" includes printing. § 958. Definition of "signature." — The term "signature " includes a mark, when the person cannot write ; his name being written near it, and the mark being witnessed by a person who writes his own name as a witness, except to an affidavit or deposition, or a paper executed before a judicial officer; in which case the attestation of the officer is sufficient....
Страница 346 - Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve.
Страница 386 - The affidavits or depositions must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist. SEC. 6. If the judge or commissioner is thereupon satisfied of the existence of the grounds of the application or that there Is probable cause to believe their existence, he must...
Страница 80 - ... 1. For a public offense committed or attempted in his presence. 2. When a person arrested has committed a felony, although not in his presence. 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
Страница 390 - The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken and of the applicant for the warrant, if they are present, verified by the affidavit of the officer at the foot of the inventory, and taken before the...
Страница 71 - The judge or commissioner must, before issuing the warrant, examine on oath the complainant and any witness he may produce, and require their affidavits or take their depositions in writing and cause them to be subscribed by the parties making them.