A Practical Treatise Upon the Criminal Law and Practice of the State of New York: With an Appendix of Precedents, Designed for the Use of the Legal Profession, and All Public Officers Engaged in the Administration of Criminal Law, and as a Textbook for Students ...

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W.C. Little, 1868
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Special sessions in the village of Lansingburgh
43
Special sessions in the city of Williamsburgh
44
Courts of sessions
45
1
50
Superior court of the city of Buffalo
51
Recorders court of the city of Oswego
52
Recorders court of the city of Utica
53
Court of general sessions in the city and county of New York
54
Courts of oyer and terminer
55
The Supreme Court
59
The Court of Appeals
60
CHAPTER IV
61
Of the arrest by private persons without a warrant
62
Of the arrest by an officer without a warrant
65
Of the arrest by officers with a warrant
69
As to the time and manner of making the arrest
71
Of fugitives from justice and the obtaining of requisitions for the arrest thereof upon the governors of other States
77
CHAPTER V
82
Of the complaint
83
When warrant to issue
84
When party discharged and when to be committed
85
Recognizance to be filed
86
When recognizance deemed broken
87
Surety of the peace by convicts
88
Special provisions applicable to the city and county of New York
89
CHAPTER VI
91
Of search warrants for children detained by Shakers
92
Of search warrants issued for stolen or embezzled property
93
Of the warrant
94
Warrant to whom directed etc
95
Warrant how executed
96
Search warrant for mineral water bottles
97
Searching prisoners etc for property
98
Search warrants for property pawned
99
Search warrants for canal property
100
CHAPTER VII
101
Jurors to be summoned
102
Swearing the jury
103
Subpoenas for witnesses
104
Of the examination
105
Inquisition of jury 106
106
Proceedings of coroner
107
Returning examination and recognizances
108
Justices when to act as coroners
109
Disposition of money found on dead bodies
110
Investigation of the origin of fires
111
CHAPTER VIII
113
SECTION I
114
Application to justice
115
Proceedings against father out of county
116
Proceedings upon failure to execute bond
118
Adjournment of proceedings
119
Of the penalty of bonds
120
Bend to be entered into and costs paid by person adjudged reputed father
121
When father to be discharged and when committed
123
Examination in such case
124
Proceedings in case of refusal 125
125
SECTION II
127
Notice of the appeal
128
Proceedings on the hearing of the appeal
129
When court of sessions ms al onder
131
Proceedings when order quashed for informality
132
Of the costs of the appeal
133
Proceedings on bonds taken for appearance at sessions and for support of bastards etc
134
CHAPTER IX
136
The complaint
138
The warrant
140
Section PAGE III Appearance and plea
141
Witnesses and proof
142
Judgment
143
Records of conviction
144
Execution and commitment
147
Review of proceedings
148
Disorderly persons
149
Proceedings against them
150
Record of conviction and commitment
151
Prosecutions therefor
152
Keeper of jail to exhibit lists
153
Duty of court of sessions
154
Special provisions applicable to New York city
155
Beggars and vagrants
157
Persons having their faces painted or otherwise disguised
160
Profane cursing and swearing
162
The observance of Sunday
164
General provisions to enforce the prohibitions of the three last sections
166
Racing of animals 167
167
Criminal contempts
168
Gambling
170
Other summary convictions
171
CHAPTER X
173
Summoning the jury
211
New venire
212
Proofs to the jury and their deliberation
214
Verdict
215
Of the acquittal of the defendant and concerning costs
216
Judgment how executed 217
217
Payment and accounting for fines
218
Certificate how far evidence
219
Fees of justices in criminal cases and of courts of special sessions
223
CHAPTER XI
225
Who to allow certiorari
227
Service of the writ and affidavit on the magistrate
228
Service of papers and notice of argument
229
Staying execution on conviction
230
Proceedings on the recognizance
231
Proceedings on the judgment
232
OF THE PRACTICE AND PROCEEDINGS IN COURTS OF OYER AND TERMINER AND COURTS OF SESSIONS UPON THE FINDING PRESE...
233
The district attorneys precept for courts of oyer and terminer
234
Defendant entitled to copy of the indictment XXX Indictments when and how quashed
236
240
240
258
258
261 XXIII Bench warrant how directed
261
Arrest upon the bench warrant XXV Of the arrest of the defendant when he has fled from the State
262
Of the arraignment of the defendant
263
Persons imprisoned on conviction may be arraigned and tried for an offence committed in prison
264
Motion to quash by the prosecutor
268
Plea of guilty
287
Postponing the trial on the defendants application
306
Trial postponed by neglect of prosecutor
312
sessions to the court of oyer and terminer
319
Contents of the application
321
Of the removal of indictments from the court of oyer and terminer to the Supreme Court before trial
322
Proceedings after removal into Supreme Court
323
SECTION III
327
Of the trial of the indictment 328 1
328
Defendant to be present at trial
329
Proceelings when prisoner is insane at the trial
331
Of the right of trial by jury
332
Of the return and summoning of jurors
333
Of the qualifications of jurors and discharging and excusing them from jury duty
334
a What jurors to be discharged
337
b What jurors to be excused
339
Clerks address to prisoner before calling the jury
340
Of the kinds of challenge allowed to the people
341
Of the kinds of challenge allowed to the prisoner
342
Of challenges to the array
343
Of challenge to the polls
344
Propter honoris respectum
345
Property qualification in certain counties
346
a Bias on the jurors mind on the question whether or not the prisoner is guilty
347
b Bias which comes from relationship
349
That the juror has passed upon the same question
350
Ordering witnesses to withdraw
360
Verdict against one of several defendants
380
Motion in arrest of judgment
389
Persons under sixteen years of age may be sentenced to
395
SECTION V
418
OF EXCEPTIONS AND BILLS OF EXCEPTIONS
428
SECTION II
441
Writ to be filed
453
SECTION PAGE
456
BOOK II
477
Arson
487
Aggravated assaults
493
powder in New York city
540
SECTION PAGE XVIII Embezzlement
546
Enlisted men defrauding and drugging of
555
Escapes from prison and prison breach
556
False pretences and falsely personating others
559
Forgery
567
Gamblers
589
Homicide
590
Incest
620
Larceny
622
Mayhem
669
Malicious injury to railroads
670
Passenger tickets upon steamboats and other vessels
671
Perjury
673
Rape
684
Receiving property which has been stolen or embezzled
695
Robbery
698
197
706
Seduction under promise of marriage
712
Substituting child
714
Treason
715
Violation of election and registry laws 716
716
Violating graves etc
717
204
721
207
762

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Страница 234 - No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service; and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indictment of a grand jury...
Страница 479 - Although it is provided (Ib., 989, 40) that "the term ' felony,' when used in this act, or in any other statute, shall be construed to mean an offence for which the offender, on conviction, shall be liable by law to be punished by death, or by imprisonment in a State Prison...
Страница 609 - Every person who shall administer to any woman pregnant with a quick child any medicine, drug or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter.
Страница 401 - ... county jail not exceeding one year, or by a fine not exceeding five thousand dollars and not less than one thousand dollars, or by both such fine and imprisonment.
Страница 666 - Provided always, that if upon the Trial of any Person indicted for such Misdemeanor it shall be proved that he obtained the Property in question in any such Manner as to amount in Law to Larceny, he shall not by reason thereof be entitled to be acquitted of such Misdemeanor; and no such Indictment shall be removable by Certiorari; and no Person tried for such Misdemeanor shall be liable to be afterwards prosecuted for Larceny upon the same Facts.
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