The Code of Criminal Procedure of the State of New YorkWeed, Parsons, Public printers, 1850 - Всего страниц: 486 |
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Стр. 21
... reason of this difference is , that when it had its origin , the only one of these courts , in which the presiding judge was required to be a member of the legal profession , was that in the city of New - York ; while in the other ...
... reason of this difference is , that when it had its origin , the only one of these courts , in which the presiding judge was required to be a member of the legal profession , was that in the city of New - York ; while in the other ...
Стр. 22
... reason is found against its further continuance , in the fact that the responsibility of the selec- tion of competent judges has been , under our present constitu- tion , assumed by the people . If we may judge by the past , there is ...
... reason is found against its further continuance , in the fact that the responsibility of the selec- tion of competent judges has been , under our present constitu- tion , assumed by the people . If we may judge by the past , there is ...
Стр. 26
... reasons stated in the note to sec . 32 , p . 21 , 22 . § 40. When an indictment is found in this court for an offence punishable with death , it must be sent to the next court of oyer and terminer of the city and county of New - York ...
... reasons stated in the note to sec . 32 , p . 21 , 22 . § 40. When an indictment is found in this court for an offence punishable with death , it must be sent to the next court of oyer and terminer of the city and county of New - York ...
Стр. 28
... reason has in- duced the Commissioners to recommend that power be given to hold concurrent terms . § 44. If the trial of a cause be commenced before the expiration of the term , the court may be continued beyond the term , till the ...
... reason has in- duced the Commissioners to recommend that power be given to hold concurrent terms . § 44. If the trial of a cause be commenced before the expiration of the term , the court may be continued beyond the term , till the ...
Стр. 30
... reasons mentioned in the note to that section , p . 20 , 21 . § 48. When an indictment is found at a city court , for an offence punishable with death , the court must send it to the next court of oyer and terminer of the county . Taken ...
... reasons mentioned in the note to that section , p . 20 , 21 . § 48. When an indictment is found at a city court , for an offence punishable with death , the court must send it to the next court of oyer and terminer of the county . Taken ...
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Часто встречающиеся слова и выражения
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
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Стр. 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.
Стр. 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.
Стр. 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...
Стр. 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...
Стр. 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....
Стр. 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.
Стр. 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...
Стр. 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.
Стр. 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...
Стр. 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.