New York Criminal Reports: Reports of Cases Decided in All Courts of the State of New York Involving Questions of Criminal Law and Practice with Notes and References, Том 2W.C. Little & Company, 1885 |
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Страница 19
... verdict , and while they were under the charge of the officer for that purpose , a note or com- munication was sent from one of the jurors to the recorder who presided at the trial ; that it was taken by him , and some writing or note ...
... verdict , and while they were under the charge of the officer for that purpose , a note or com- munication was sent from one of the jurors to the recorder who presided at the trial ; that it was taken by him , and some writing or note ...
Страница 20
... verdict , which he would undoubtedly have done if the communication had any relation whatever to the case . To set aside the verdict without such proof would also violate another equally settled rule of law , and that is , that error ...
... verdict , which he would undoubtedly have done if the communication had any relation whatever to the case . To set aside the verdict without such proof would also violate another equally settled rule of law , and that is , that error ...
Страница 21
... verdict is only to be set aside on a motion for that purpose , where the substantial rights of the accused have been pre- judiced by it ; and by section 542 of the same Code , it has been extended to the disposition of appeals , which ...
... verdict is only to be set aside on a motion for that purpose , where the substantial rights of the accused have been pre- judiced by it ; and by section 542 of the same Code , it has been extended to the disposition of appeals , which ...
Страница 22
... verdict was contrary to the weight of evidence ; that the court erred in refusing to charge the jury as requested by him ; and for the reason that a communica- tion had been sent to and answered by the court , in the absence of the ...
... verdict was contrary to the weight of evidence ; that the court erred in refusing to charge the jury as requested by him ; and for the reason that a communica- tion had been sent to and answered by the court , in the absence of the ...
Страница 23
... verdict of the jury , was a matter into which it would not inquire . This case was cited with approbation in the case of the Watertown Bank and Loan Co. v . Mix , 51 N. Y. 558 , in which the court decided that a party moving for a new ...
... verdict of the jury , was a matter into which it would not inquire . This case was cited with approbation in the case of the Watertown Bank and Loan Co. v . Mix , 51 N. Y. 558 , in which the court decided that a party moving for a new ...
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accused affirmed Albany county alleged answer arrest assault authority Barb Bork charged cigars Code Crim Code of Criminal commission committed common law Constitution conviction counsel court of Oyer Court of Sessions court of Special crime Criminal Procedure declared defendant defendant's defraud discharge district attorney door evidence ex rel exercise fact false felony George Grimshaw grand jury guilty habeas corpus held imprisonment indecent indictment intent issue judge judgment judicial jurors justice kill larceny legislative legislature Lyon Lyon & Co matter Meeker ment misdemeanor motion murder N. Y. Crim O. A. Nubell objection obscene offense officer opinion Oyer and Terminer Penal Code person plaintiff in error police prisoner proceedings proof prosecution proved provisions punishment purpose question relator rule sentence sufficient supra Supreme Court taken tenement house term testified testimony third degree tion trial verdict warrant Wend witness York
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Страница 285 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Страница 102 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime, or criminal: this being the place where that absolute despotic power, which must in all governments reside somewhere, is entrusted by the constitution of these kingdoms.
Страница 523 - ... 6. That the act or omission charged as the offense is clearly and distinctly set forth 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 368 - the property which every man has in his own labor, as it is the original foundation of all other property, so it is the most sacred and inviolable.
Страница 489 - By virtue of the final judgment or decree of a competent tribunal, of civil or criminal jurisdiction ; or the final order of such a tribunal, made in a special proceeding, instituted for any cause, except to punish him for a contempt; or by virtue of an execution or other process, issued upon such a judgment, decree, or final order.
Страница 101 - The power and jurisdiction of parliament, says Sir Edward Coke, is so transcendent and absolute that it cannot be confined. either for causes or persons, within any bounds.
Страница 67 - After hearing the appeal the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.
Страница 413 - Any agent so appointed who receives the fugitive into his custody, shall be empowered to transport him to the State or Territory from which he has fled. And every person who by force, sets at liberty or rescues the fugitive from such agent while so transporting him, shall be fined not more than five hundred dollars or imprisoned not more than one year.
Страница 183 - This Code applies to criminal actions, and to all other proceedings in criminal cases which are herein provided for, from the time when it takes effect ; but all such actions and proceedings, theretofore commenced, must be conducted in the same manner as if this Code had not been passed...
Страница 500 - As a general proposition, it may be stated, it is in the province of the lawmaking power to determine whether the exigencies exist calling into exercise this power. What are the subjects of its exercise is clearly a judicial question.