The Code of Criminal Procedure of the State of New York

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Weed, Parsons, Public printers, 1850 - 486 страница

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Of the police courts 3335
33
PART II
36
Resistance by the party about to be injured
37
Organization and regulation of the police
43
PART III
52
Of the Time of commencing Criminal Actions
61
Of indictment for bigamy or incest when committed in
62
37 38
67
Examination of the case and discharge of the defendant or hold
69
CHAPTER III
76
Proceedings in sessions on appearance of both parties
77
Arrest by a private person
82
Magistrate to inform defendant of the charge and his right
83
Formation of the grand jury
104
Power of grand jury to inquire into all public offences com
114
Of an indictment against an accessary after the fact
137
Defendant must be arraigned in the court in which indict
157
CHAPTER IV
163
Only pleading for defendant is demurrer or plea
166
CHAPTER VII
172
TITLE VI
176
CHAPTER III
183
if he require it
185
CHAPTER IV
186
CHAPTER V
188
their challenges
189
If sufficiency of the facts be denied adverse party may except Exception how made and tried
190
If challenge allowed jury to be discharged If disallowed jury to be impanelled
191
Peremptory challenge what and how taken
192
General causes of challenge
193
Grounds of challenge for actual bias
195
Exemption not a ground of challenge
200
Of the trial
204
business but deemed open till verdict rendered or jury
226
Bill of exceptions 237241
237
CHAPTER III
253
In all other cases they can proceed by presentment only
255
Grand jury not bound to hear evidence for the defendant
261
CHAPTER II
262
CHAPTER III
278
Judgment upon appeal 281283
281
CHAPTER III
321
Witness residing out of the state to be examined for defend
326
after conviction 335339
335
New indictment in such case when to be found
338
Compromising certain public offences by leave of the court 339341
339
CHAPTER XI
350
Publication of notice
354
of state
356
PART V
357
Bail 284315
358
Defendant may demand a trial by jury
359
Summoning the jury and returning the list
360
Drawing the jury
361
Punishing officer for not returning list and issuing new order for jury
362
Jury may decide in court or retire Oath of officer on their retirement
363
Judgment on conviction
364
Judgment against prosecutor for costs
365
Certificate when filed
367
TITLE III
375
failure
381
Order upon judgment of reversal
382
PART IV
383
Of search warrants 391400
391
ARTICLE I
393
Of the outlawry of persons convicted of treason 401404
401
Of proceedings against fugitives from justice 404409
404
Of proceedings respecting persons held to labor or service in a state or territory of the United States and escaping into this State 410116
410
Of proceedings respecting bastards 416437
416
156
419
CHAPTER II
427
or its mother or for appearance on appeal 435437
435
Of proceedings respectiag vagrants 438443
438
Of proceedings respecting disorderly persons 443450
443
ུྒུ ཕྱུུ
449
Of proceedings respecting the support of poor persons 451456
451
rection of the court thereon
455
Of proceedings respecting masters apprentices and servants 457462
457
Of criminal statistics 463466
463
Miscellaneous provisions
466
GENERAL PROVISIONS AND DEFINITIONS APPLI
470
155
485

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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.

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