The Code of Criminal Procedure of the State of New YorkWeed, Parsons, Public printers, 1850 - 486 страница |
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Страница 214
... had omitted this and similar sections , they would have receded from the set ... cannot be had upon the testi- mony of an accomplice , unless he be corroborated by such other evidence as tends to connect ... a conviction upon 214 THE CODE OF.
... had omitted this and similar sections , they would have receded from the set ... cannot be had upon the testi- mony of an accomplice , unless he be corroborated by such other evidence as tends to connect ... a conviction upon 214 THE CODE OF.
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Чести термини и фразе
accused acquittal admitted to bail affidavit appear application bench warrant cause certified challenge CHAPTER city and county city court city of New-York civil clerk commission Commissioners committed common law conformity constitution conviction copy counsel county of New-York court of oyer court of sessions Crim crime custody deemed defendant demurrer depositions dictment direct discharged district attorney duty evidence examination execution existing practice fact felony fendant filed grand jury guilty held to answer impeachment imprisonment indictment issue judgment jurisdiction juror justice last section last two sections ment misdemeanor oath offence charged oyer and terminer party peace officer peremptory challenges perjury person plea pleading prescribed present prison proceedings proper prosecution provided in section public offence reason respect rule sheriff statement substantially sufficient summoned supreme court sworn taken testimony therein thereof tion trial triers undertaking unless verdict William Green witnesses
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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.