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
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Page 736
... held to answer for a crime , if an indictment be not found against him , at the next term of the court at which he is held , to answer , the court may on application of the defendant order the pros- ecution to be dismissed , unless good ...
... held to answer for a crime , if an indictment be not found against him , at the next term of the court at which he is held , to answer , the court may on application of the defendant order the pros- ecution to be dismissed , unless good ...
Page 746
... held by Story , J. , in a capital case . He stated , as the opinion of his whole professional life , that the jury are no more judges of the law in a capital or other criminal case , upon the plea of not guilty , than they are in every ...
... held by Story , J. , in a capital case . He stated , as the opinion of his whole professional life , that the jury are no more judges of the law in a capital or other criminal case , upon the plea of not guilty , than they are in every ...
Page 748
... Held that the offer of the court and district attorney took away the right of the prisoner to insist that he was injured , in fact , by the action of the court , and compelled him to stand upon errors of law strictissimi juris . ( Cox v ...
... Held that the offer of the court and district attorney took away the right of the prisoner to insist that he was injured , in fact , by the action of the court , and compelled him to stand upon errors of law strictissimi juris . ( Cox v ...
Page 755
... Held no error . ( Cox v . People , 19 Hun , 430. ) Upon the trial of an indictment for murder , a juror was challenged for principal cause , on the ground that he had formed an opinion prejudicial to the prisoner . The juror testified ...
... Held no error . ( Cox v . People , 19 Hun , 430. ) Upon the trial of an indictment for murder , a juror was challenged for principal cause , on the ground that he had formed an opinion prejudicial to the prisoner . The juror testified ...
Page 756
... held when the jury were discharged after being out ( v ) People v . Honeyman , 3 Denio , 121. Free- ( w ) 4 Denio , 9 . man v . People , 4 id . , 9 . all , on the trial , thereby . That if put upon the jury he would discard his opinion ...
... held when the jury were discharged after being out ( v ) People v . Honeyman , 3 Denio , 121. Free- ( w ) 4 Denio , 9 . man v . People , 4 id . , 9 . all , on the trial , thereby . That if put upon the jury he would discard his opinion ...
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...