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aforesaid alleged allowed answer appear arsenic asked assault authority averment bank bill boat body called cause challenge character charged circumstances committed common conviction counsel court crime criminal death deceased decision defendant directed District Attorney doubt effect error evidence examination excepted expressed fact felony follows further give given ground guilty hand Hartung held indictment intent issue John judge judgment juror jury justice kill letter Littles matter means morning motion murder necessary night objection offence officer opinion party person present prisoner prisoner's proceedings produce proof prosecution prove question reason received rule sickness statute Stephens street sufficient Supreme Court sworn taken term testified testimony things tion told took trial true unless verdict warrant wife witness wound writ York
Page 376 - The term felony, when used in this act, or in any other statute, shall be construed to mean an offence for which the offender, on conviction, shall be liable by law to be punished by death, or by imprisonment in a State Prison.
Page 171 - An instrument or writing, being or purporting to be the act of another...
Page 535 - EF then and there feloniously, wilfully and of his malice aforethought, did strike and thrust, giving to the said...
Page 553 - No indictment shall be deemed insufficient, nor shall the trial, judgment, or other proceeding thereon, be affected by reason of any defect or imperfection in matters of form which shall not tend to the prejudice of the defendant.
Page 382 - It is therefore a rule of criminal law that the guilt of the accused must be fully proved. Neither a mere preponderance of evidence nor any weight of preponderant evidence is sufficient for the purpose, unless it generate full belief of the fact, to the exclusion of all reasonable doubt.
Page 69 - Every person who shall be convicted of shooting at another, or of attempting to discharge any kind of fire arms, or any air-gun, at another, or of any assault and battery upon another, by means of any deadly weapon, or by such other means or force, as was likely to produce death; with the intent to kill, maim, ravish or rob such other person, or in the attempt to commit any burglary, larceny or other felony, or in resisting the execution of any legal process ; shall be punished by imprisonment in...
Page 376 - ... be punished by imprisonment in a county jail not exceeding six months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment.
Page 188 - Tunnygate, against the form of the statute in such case made and provided, and against the peace of the People of the State of New York and their dignity.
Page 533 - We think that In all cases of this nature the law has Invested courts of Justice with the authority to discharge a Jury from giving any verdict whenever, in their opinion, taking all the circumstances Into consideration, there Is a manifest necessity for the act, or the ends of public Justice would otherwise be defeated.