The Code of Criminal Procedure of the State of New YorkWeed, Parsons, Public printers, 1850 - 486 страница |
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Страница vii
... necessary to go further into the details of the practical steps re- quired in the conduct of a cause , than is essential to the successful carrying out of the principles which they propose . The rules there prescribed , are mainly ...
... necessary to go further into the details of the practical steps re- quired in the conduct of a cause , than is essential to the successful carrying out of the principles which they propose . The rules there prescribed , are mainly ...
Страница xvi
... necessary to conviction , .... 52-57 32 52 333 53 53 53 109 , 110. Judgment on conviction , how pronounced ,. 112. Effect of judgment of suspension , .. 54 * * * * 8833 54 54 54 55 55 55 56 113. Judicial officer , when impeached ...
... necessary to conviction , .... 52-57 32 52 333 53 53 53 109 , 110. Judgment on conviction , how pronounced ,. 112. Effect of judgment of suspension , .. 54 * * * * 8833 54 54 54 55 55 55 56 113. Judicial officer , when impeached ...
Страница xix
... necessary means to effect arrest , ... 79 79,80 888 170. No further restraint allowed , than is necessary to arrest and detention of defendant , .. 80 , 81 80 81 81 81 81 81 82 , 83 82 173 , 174. When officer may break open a door or ...
... necessary means to effect arrest , ... 79 79,80 888 170. No further restraint allowed , than is necessary to arrest and detention of defendant , .. 80 , 81 80 81 81 81 81 81 82 , 83 82 173 , 174. When officer may break open a door or ...
Страница xxiv
... necessary , if defendant be in custody , he must be brought before the court , ............ 316. If discharged on bail or deposit , bench warrant to issue , ... 317. Bench warrant , by whom , and how issued , 318. Form of bench warrant ...
... necessary , if defendant be in custody , he must be brought before the court , ............ 316. If discharged on bail or deposit , bench warrant to issue , ... 317. Bench warrant , by whom , and how issued , 318. Form of bench warrant ...
Страница xxvi
... necessary , .... 176 CHAPTER II . Formation of the trial jury , ..... 177-182 177 SECTION 376. Jurors in courts of oyer and terminer , and city courts , ..... 377. Jury for courts of sessions , except in the city of New - York , only ...
... necessary , .... 176 CHAPTER II . Formation of the trial jury , ..... 177-182 177 SECTION 376. Jurors in courts of oyer and terminer , and city courts , ..... 377. Jury for courts of sessions , except in the city of New - York , only ...
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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.