A Treatise on the Criminal Law and Criminal Courts of the State of New York: And Upon the Jurisdiction, Duty and Authority of Justices of the Peace and Other Magistrates, and on the Power and Duty of Sheriffs, Constables, Peace Officers, Police Officers, &c., in Criminal Cases, Volume 2Banks & Brothers, 1883 |
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Page 743
... FACT , AND MODE OF TRIAL . ( b ) 7 Cowen , 108. 2 McCord , 382. 1 Chit . Cr . L. , 201 . The Code of Criminal Procedure contains these provisions respecting issues of fact , and the place of trial thereof : Issue of fact , defined ...
... FACT , AND MODE OF TRIAL . ( b ) 7 Cowen , 108. 2 McCord , 382. 1 Chit . Cr . L. , 201 . The Code of Criminal Procedure contains these provisions respecting issues of fact , and the place of trial thereof : Issue of fact , defined ...
Page 744
... fact that a fair and impartial trial can not be had . ( ƒ ) ( 2 ) 3. Jury , and challenges . The qualifications of jurors , and the manner of selecting names from the assessment roll to be put in the baliot - box of jurors in each ...
... fact that a fair and impartial trial can not be had . ( ƒ ) ( 2 ) 3. Jury , and challenges . The qualifications of jurors , and the manner of selecting names from the assessment roll to be put in the baliot - box of jurors in each ...
Page 745
... fact , is one of considerable importance , and deserves some atten- tion in this place . They are judges of the fact , both in civil and criminal matters , on Jury ; who constitute . ] - The first twelve persons who appear , as their ...
... fact , is one of considerable importance , and deserves some atten- tion in this place . They are judges of the fact , both in civil and criminal matters , on Jury ; who constitute . ] - The first twelve persons who appear , as their ...
Page 746
... fact ; but if , in such verdict , they find [ * 354 ] the law contrary to the instructions of * the court , they ... fact , and that the only duty of the court was advisory . Held , that this charge was erroneous . That it is only on the ...
... fact ; but if , in such verdict , they find [ * 354 ] the law contrary to the instructions of * the court , they ... fact , and that the only duty of the court was advisory . Held , that this charge was erroneous . That it is only on the ...
Page 747
... fact by the jury . And although the jury have the power to find a general ver- dict , which includes questions of law as well as of fact , they are bound , nevertheless , to receive as law what is laid down as such by the court ...
... fact by the jury . And although the jury have the power to find a general ver- dict , which includes questions of law as well as of fact , they are bound , nevertheless , to receive as law what is laid down as such by the court ...
Common terms and phrases
7th ed accused admissible admitted to bail affidavit aforesaid amended in 1882 answer appear application arrest authority Barb bastard bench warrant cause certificate challenge charge child Chit city and county clerk Code Cr Code of Criminal committed common law competent complaint constable conviction copy court of sessions court of special Cowen crime Criminal Procedure custody defendant delivered depositions directed discharged disorderly person district attorney duty elected evidence examination execution fact felony grand jury guilty habeas corpus held imprisonment indictment indorsed issued jail judge judgment jurisdiction juror magistrate misdemeanor oath offense overseers oyer and terminer party peace officer penalty police justice prescribed prisoner proceedings proof prosecution proved punishment recognizance record resides Revised Statutes sentence sheriff special sessions subpoena sufficient supreme court sureties taken testimony therein thereof tion town trial undertaking verdict voir dire warrant Wend witness York
Popular passages
Page 818 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Page 904 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 802 - 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 be given against him on a special verdict.
Page 794 - When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then be called, and if all do not appear, the rest must be discharged without giving a verdict In that event, the cause may be again tried, at the same or another term.
Page 904 - ... in the course of professional employment. 3. A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 1000 - ... 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, or from the possession of the person by whom it was used in the commission of the crime; or of any other person in whose possession it may be; 3.
Page 974 - ... justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term. Their number and classification may be regulated by law. Justices of the peace, and judges' or justices of inferior courts not of record, and their clerks, may be removed, after due notice and an opportunity of being heard by such courts as may be prescribed by law, for causes to be assigned...
Page 1001 - ... as the case may be, according to section 1533), to make immediate search on the person of CD (or in the house situated , describing it or any other place to be searched, with reasonable particularity, as the case may be...