Reports of Decisions in Criminal Cases Made at Term, at Chambers and in the Courts of Oyer and Terminer of the State of New YorkWilliam Gould and Son, 1858 |
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Страница 44
... direct decision upon the point referred to by Chief Justice Spencer in The People v . McKay , even if they were the only autho- rities upon the subject . Besides , it will be seen on exami- nation that the remark of Judge Sutherland ...
... direct decision upon the point referred to by Chief Justice Spencer in The People v . McKay , even if they were the only autho- rities upon the subject . Besides , it will be seen on exami- nation that the remark of Judge Sutherland ...
Страница 60
... direct that the same operate as a stay of proceedings on the judgment upon which it is brought . December 22d , 1854 . ROBERT H. MORRIS . The answer of the Court of General Sessions to the writ of error was as follows : The answer of ...
... direct that the same operate as a stay of proceedings on the judgment upon which it is brought . December 22d , 1854 . ROBERT H. MORRIS . The answer of the Court of General Sessions to the writ of error was as follows : The answer of ...
Страница 99
... direct that the same is to operate , as a stay of proceedings on the judgment upon which such writ shall be brought , until the decision of the Supreme Court shall be had upon such exceptions . In the Supreme Court the judgment of the ...
... direct that the same is to operate , as a stay of proceedings on the judgment upon which such writ shall be brought , until the decision of the Supreme Court shall be had upon such exceptions . In the Supreme Court the judgment of the ...
Страница 100
... direct his attention to the subject ; the witness was not asked a single question on this point ; indeed it is probable , at the time when she made the declarations in question , she had no thought that her life was in danger . I am of ...
... direct his attention to the subject ; the witness was not asked a single question on this point ; indeed it is probable , at the time when she made the declarations in question , she had no thought that her life was in danger . I am of ...
Страница 125
... direct prohibition . That is the general rule , and I can see no reason for departing from it in this important branch of jurisprudence . There are several statutory provisions which imply that accusations for crime may , in the first ...
... direct prohibition . That is the general rule , and I can see no reason for departing from it in this important branch of jurisprudence . There are several statutory provisions which imply that accusations for crime may , in the first ...
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accused admissible affidavit alleged arrest asked bail Bogart certiorari charged the jury circumstances circumstantial evidence city and county city of New-York clerk committed common law Conley conviction corpus delicti counsel excepted county aforesaid county of New-York Court of Oyer Court of Sessions crime criminal Cross-examined deceased declarations defendant defendant's counsel district attorney dwelling-house Edward H examination fact feloniously grand jury guilty habeas corpus indictment intent intoxication issued judge judgment jurisdiction jurors aforesaid larceny liquors magistrate manslaughter misdemeanor murder Oakey Hall oath aforesaid objection offence officer opinion Oyer and Terminer PAR.-VOL Patrick Larkin peace person Peverelly plaintiff in error police justice present prisoner prisoner's counsel proceedings proof prosecution proved provisions punishment question refused Revised Statutes rule Rulloff sheriff stolen Supreme Court sworn testified testimony thousand eight hundred tion town trial verdict warrant Wend wife willfully William witness writ of error
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Страница 311 - ... to establish a defence on the ground of insanity, it must be clearly proved, that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Страница 658 - Tunnygate, against the form of the statute in such case made and provided, and against the peace of the People of the State of New York and their dignity.
Страница 306 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Страница 254 - 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 311 - As these two questions appear to us to be more conveniently answered together, we submit our opinion to be that the jury ought to be told in all cases that every man is presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction.
Страница 364 - I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen...
Страница 323 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Страница 405 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Страница 324 - Every person who shall administer to any woman d"st"oy1ch!id.t° 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...
Страница 177 - RC prays that the judgment aforesaid, for the errors aforesaid, and other errors in the record and prpceedings aforesaid, may be reversed, annulled, and altogether held for nothing, and that he may be restored to all things which he hath lost by occasion of the said judgment, &c.