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 |
From inside the book
Results 1-5 of 97
Page 737
... ground that , during the pendency of the trial , a second indictment for the same offense was found by the grand jury . ( ¿ ) ( e ) 2 Stra . , 1088. Russ . & Ry . , 158 . ( f ) 4 Burr . , 2046 . ( g ) See Andr . , 230 . 1 Str . , 623 ...
... ground that , during the pendency of the trial , a second indictment for the same offense was found by the grand jury . ( ¿ ) ( e ) 2 Stra . , 1088. Russ . & Ry . , 158 . ( f ) 4 Burr . , 2046 . ( g ) See Andr . , 230 . 1 Str . , 623 ...
Page 739
... ground of the insufficiency of the evidence before the grand jury , if they had testimony before them on which they could fairly act . ( Peo- ple v . Strong , 1 Ab . Pr . [ N. S. ] , 244. ) The court will not determine the sufficiency ...
... ground of the insufficiency of the evidence before the grand jury , if they had testimony before them on which they could fairly act . ( Peo- ple v . Strong , 1 Ab . Pr . [ N. S. ] , 244. ) The court will not determine the sufficiency ...
Page 740
... ground that a fair and impartial trial can not be had in the county or city where the indictment is pending . ( § 344 ; People v . Sessions , 62 How . , 415. ) After trial ; new trial necessary . ] If one or more trials be had , and a ...
... ground that a fair and impartial trial can not be had in the county or city where the indictment is pending . ( § 344 ; People v . Sessions , 62 How . , 415. ) After trial ; new trial necessary . ] If one or more trials be had , and a ...
Page 743
... ground that a fair and impartial trial can not be had in the county or city where the indictment is pending . " ] ( § 355. ) For libel . ] - Section 138 directs as to the county in which an indictment for libel shall be tried , and ...
... ground that a fair and impartial trial can not be had in the county or city where the indictment is pending . " ] ( § 355. ) For libel . ] - Section 138 directs as to the county in which an indictment for libel shall be tried , and ...
Page 744
... Mere irregularities in drawing jury , not prejudicial , no ground of error . ( Cox v . Peo . , 80 N. Y. , 500. See also Code Civ . Pro . , §§ 3350 , 3351. ) The question how far the jury are judges of the 744 352 [ Book VI . INDICTMENT .
... Mere irregularities in drawing jury , not prejudicial , no ground of error . ( Cox v . Peo . , 80 N. Y. , 500. See also Code Civ . Pro . , §§ 3350 , 3351. ) The question how far the jury are judges of the 744 352 [ Book VI . INDICTMENT .
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...