The Code of Criminal Procedure and Penal Code of the State of New York, as in Force in the Year 1889: With Complete Notes of Decisions Containing All the Adjudications to September 1, 1889, with a Full Set of Forms, Thoroughly Revised, and Complete IndexW.C. Little, 1889 - 790 pages |
From inside the book
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Page 4
... authority and are afterwards discharged . ( Peo- ple v . Reagle , 60 Barb . , 527. ) ( m ) Jury discharged , when - In cases of misdemeanor the court of sessions may discharge the jury without consent of the prisoner , and he may be ...
... authority and are afterwards discharged . ( Peo- ple v . Reagle , 60 Barb . , 527. ) ( m ) Jury discharged , when - In cases of misdemeanor the court of sessions may discharge the jury without consent of the prisoner , and he may be ...
Page 23
... authority to try a person by a jury of less than six , though both he and the prosecutor consent thereto . ( Germond v . People , 1 Hill , 343. ) ( ) Warrant must name officer . - The warrant of the court must point out the officer who ...
... authority to try a person by a jury of less than six , though both he and the prosecutor consent thereto . ( Germond v . People , 1 Hill , 343. ) ( ) Warrant must name officer . - The warrant of the court must point out the officer who ...
Page 39
... authority - How- ever , a person acting in aid of an officer , and by his commandment in overcom- ing resistance to the execution of a process is a trespasser , if the officer is not justified by the process . ( Elder v . Morrison , 10 ...
... authority - How- ever , a person acting in aid of an officer , and by his commandment in overcom- ing resistance to the execution of a process is a trespasser , if the officer is not justified by the process . ( Elder v . Morrison , 10 ...
Page 40
... authority with which he is invested for suppressing the same and arresting the offenders , he is guilty of a misdemeanor . § 110. Proceedings , if rioters do not disperse . If the persons assembled , and commanded to disperse , do not ...
... authority with which he is invested for suppressing the same and arresting the offenders , he is guilty of a misdemeanor . § 110. Proceedings , if rioters do not disperse . If the persons assembled , and commanded to disperse , do not ...
Page 51
... authority to order a person accused of a criminal offense to be committed until a subsequent day for examination without having first the accused brought before him . ( Pratt v . Hill , 16 Barb . , 303. ) ( e ) May issue subpoenas ...
... authority to order a person accused of a criminal offense to be committed until a subsequent day for examination without having first the accused brought before him . ( Pratt v . Hill , 16 Barb . , 303. ) ( e ) May issue subpoenas ...
Common terms and phrases
action admitted to bail affidavit aforesaid alleged Amended answer appear application arrest assault Barb bastard bench warrant cause certificate challenge charge child city and county city court CITY OF NEWBURGH clerk Code commission committed complaint conviction counsel court of oyer court of sessions court of special crime criminal custody defendant demurrer deposes and says deposition discharged district attorney duly sworn evidence ex rel examination execution facts felony filed forthwith grand jury guilty held hereby hundred impeachment imprisonment indictment indorsed Information issued judgment jurisdiction jurors last section magistrate ment misdemeanor N. Y. Cr N. Y. State Rep oath offense oyer and terminer Park party peace officer perjury plea plead police justice prisoner proceedings prosecution punishable resides sheriff special sessions statute subpoena subscribed and sworn sufficient supreme court sureties taken testimony therein thereof tion town trial undertaking verdict Wend witness York
Popular passages
Page 214 - ... 2. When it was used as the means of committing a felony; in which case, it may be taken, on the warrant, from any house or other place in which it is concealed...
Page 117 - Standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or in his employment on wages.
Page 115 - For the existence of a state of mind on the part of the juror, in reference to the case, or to either party ? which satisfies the triers, in the exercise of a sound discretion, that he cannot try the issue impartially and without prejudice to the substantial rights of the party challenging, and which is known in this code as actual bias.
Page 139 - The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew ; and the former verdict cannot be used or referred to, either in evidence or In argument § 465.
Page 405 - Every officer, agent or clerk, of any corporation, or of any persons proposing to organize a corporation, or to increase the capital stock of any corporation, who knowingly exhibits any false, forged or altered book, paper, voucher, security or other instrument of evidence to any public officer or board authorized by law to examine the organization of such corporation, or to investigate its affairs, or to allow an increase of its capital, with intent to deceive such officer or board in respect thereto,...
Page 201 - He shall annually communicate to the Legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve, with his reasons for granting the same.
Page 46 - CD and bring him before me at (naming the place), or in case of my absence or inability to act, before the nearest or most accessible magistrate in this county.
Page 390 - A person is not excused from criminal liability as an idiot, imbecile, lunatic, or insane person, except upon proof that, at the time of committing the alleged criminal act, he was laboring under such a defect of reason as: 1. Not to know the nature and quality of the act he was doing; or, 2. Not to know that the act was wrong.
Page 91 - In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the offense was committed, and in what court and before whom the oath alleged to be false was taken, and that the court, or the person before whom it was taken, had authority to administer it...
Page 130 - After the jury have retired for deliberation, if there be a disagreement between them, as to any part of the testimony, or if they desire to be informed of a point of law arising in the cause, they must require the officer to conduct them into court. Upon their being brought into court, the information required must be given after notice to the district attorney and to the counsel for the defendant, and in cases of felony, in the presence of the defendant.