Reports of Decisions in Criminal Cases Made at Term at Chambers: And in the Courts of Oyer and Terminer of the State of New York [1823-1868], Volume 4William Gould and Son, 1860 |
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Common terms and phrases
accused affidavits Albany alleged arrest arsenic asked assault and battery averment bank bill boat called and sworn cause challenge character city and county committed common law conviction Court of Sessions crime criminal cross-examination death deceased defendant defendant's counsel District Attorney Emil Hartung evidence examination excepted fact felony ground guilty habeas corpus held homicide indictment intent to kill issue James Stephens John John McCormack judge judgment juror justice larceny laudanum malice aforethought manslaughter Mary Hartung matter McCarty ment misdemeanor murder nolle prosequi o'clock objection offence opinion overruled Oyer and Terminer PAR.-VOL party person Pfomer plaintiff in error prisoner prisoner's counsel prosecution prove question Reimann rule Shay sickness Sophia statute Stephens stomach Stout Sturgis Supreme Court taken testified as follows testimony tion told trial verdict vomiting warrant Wend wife willfully William witness wound writ of error York
Popular passages
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 399 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
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.