A Practical Treatise Upon the Criminal Law and Practice of the State of New York: With an Appendix of Precedents, Designed for the Use of the Legal Profession, and All Public Officers Engaged in the Administration of Criminal Law, and as a Textbook for Students ...

Front Cover
W.C. Little, 1868
 

Contents

Special sessions in the city and county of New York
35
Court of general sessions in the city and county of New York
54
Courts of oyer and terminer
55
The Supreme Court
59
The Court of Appeals
60
CHAPTER IV
61
Of the arrest by private persons without a warrant
62
Of the arrest by an officer without a warrant
65
Of the arrest by officers with a warrant
69
As to the time and manner of making the arrest
71
Of fugitives from justice and the obtaining of requisitions for the arrest thereof upon the governors of other States
77
CHAPTER V
82
CHAPTER VI
91
Search warrants for property pawned
99
CHAPTER VIII
113
SECTION I
114
Application to justice
115
Proceedings upon failure to execute bond 118
120
Bond to be entered into and costs paid by person adjudged reputed father
123
Examination in such case 124
124
Proceedings in case of refusal
125
SECTION II
127
Notice of the appeal
128
Proceedings on the hearing of the appeal
129
When court of sessions may make original order
131
Proceedings when order quashed for informality
132
Of the costs of the appeal
133
Proceedings on bonds taken for appearance at sessions and for support of bastards etc
134
CHAPTER IX
136
The complaint
138
The warrant
140
SECTION PAGE III Appearance and plea
141
Witnesses and proof
142
Judgment
143
Records of conviction
144
Execution and commitment
147
Review of proceedings
148
Disorderly persons
149
Proceedings against them
150
Record of conviction and commitment
151
Prosecutions therefor
152
Keeper of jail to exhibit lists
153
Duty of court of sessions
154
Special provisions applicable to New York city
155
Beggars and vagrants
157
Persons having their faces painted or otherwise disguised
160
Profane cursing and swearing
162
62
163
The observance of Sunday
164
65
165
General provisions to enforce the prohibitions of the three last sections
166
Racing of animals
167
Criminal contempts
168
Gambling
170
Other summary convictions
171
CHAPTER X
173
sion of persons charged with offences
174
Duty of magistrate upon complaint being made
175
Warrant to be issued
177
Of the commitment of the accused to prison
198
Power of associating another magistrate with the one before
204
Summoning the jury
211
New venire
212
Proofs to the jury and their deliberation
214
Verdict
215
Of the acquittal of the defendant and concerning costs
216
Judgment how executed
217
Special provisions in relation to courts of special sessions in the city and county of New York 219
220
Fees of justices in criminal cases and of courts of special sessions
223
CHAPTER XI
225
Who to allow certiorari
227
Service of the writ and affidavit on the magistrate
228
Service of papers and notice of argument
229
Staying execution on conviction
230
Proceedings on the recognizance
231
Proceedings on the judgment
232
CHAPTER XII
233
The district attorneys precept for courts of oyer and terminer
234
236
236
OF THE PROCEEDINGS FROM THE PRESENTMENT OF THE INDICTMENT DOWN TO THE TRIAL SECTION XVIII Compromising certain o...
257
258
258
Of the arrest of the defendant when he has fled from the State
262
Of the arraignment of the defendant
263
Persons imprisoned on conviction may be arraigned and tried for an offence committed in prison
264
Defendant entitled to copy of the indictment XXX Indictments when and how quashed
265
Witnesses in such cases to be attached and prosecuted for failure to appear
314
Prisoners when not to be removed by habeas corpus during session of oyer and terminer LXVI Of subpoenas for witnesses for the people LXVII Sub...
315
Witnesses in a foreign country LXIX Fees not to be tendered witness LXX Disobedience of subpoena
316
71
317
77
318
sessions to the court of oyer and terminer
319
Contents of the application
321
82
322
84
323
SECTION III
327
86
328
Defendant to be present at trial
329
Proceedings when prisoner is insane at the trial
331
Of the right of trial by jury
332
Of the return and summoning of jurors
333
Of the qualifications of jurors and discharging and excusing them from jury duty
334
a What jurors to be discharged
337
b What jurors to be excused
339
Clerks address to prisoner before calling the jury
340
Of the kinds of challenge allowed to the people
341
Of the kinds of challenge allowed to the prisoner
342
Of challenges to the array
343
Of challenge to the polls
344
Propter honoris respectum
345
Property qualification in certain counties
346
a Bias on the jurors mind on the question whether or not the prisoner is guilty
347
b Bias which comes from relationship
349
That the juror has passed upon the same question while serving in some other capacity
350
f Social and civil connections
351
Propter delictum
352
Challenges how made
353
102
354
Of the summoning of talesmen as petit jurors
358
Swearing the jurors
359
Ordering witnesses to withdraw
360
Opening of the case by the district attorney 363
365
Of the adjournment of court during the trial
366
Of the separation of the jury during the trial
367
The judges charge to the jury
368
The deliberations of the jury
371
Retirement of the jury
373
Of discharging the jury in case of their inability to agree
374
Rendition of the verdict
375
Verdict on several counts of the indictment
378
Verdict against one of several defendants
380
Verdict for a less offence than is charged
381
Verdict shall not be for an attempt when offence is perpetrated
384
Polling the jury
385
Motion in arrest of judgment
386
SECTION IV
389
Of the sentence or judgment
392
Sentence to expire between March and November
393
Persons under sixteen years of age may be sentenced to
395
Entering judgment in the minutes
401
Punishment for attempts to commit offences
413
SECTION PAGE
456
265
464
BOOK II
479
Arson
487
SECTION PAGE XVIII Embezzlement
546
Enlisted men defrauding and drugging of
555
Escapes from prison and prison breach
557
False pretences and falsely personating others
559
Forgery
567
Gamblers
589
Homicide
590
Incest
620
Larceny
622
Mayhem
669
Malicious injury to railroads
670
Producing pretended heir
671
Perjury
673
Rape
684
Receiving property which has been stolen or embezzled
695
Robbery
698
Seduction under promise of marriage 712
712
Substituting child
714
Treason
715
Violation of election and registry laws
716
Violating graves etc
717
Proceedings of coroner
730
315
753
315 315 316 316
759
317 318
764

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Common terms and phrases

Popular passages

Page 238 - No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service; and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indictment of a grand jury...
Page 483 - Although it is provided (Ib., 989, §40) that "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 613 - Every person who shall administer to any woman pregnant with a quick child any medicine, drug or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter.
Page 405 - ... county jail not exceeding one year, or by a fine not exceeding five thousand dollars and not less than one thousand dollars, or by both such fine and imprisonment.
Page 121 - Whenever any mandate, writ or commission is issued out of any court of record in any other state, territory, district or foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness or witnesses in this state, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this state.
Page 593 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Page 399 - A sentence of imprisonment in a state prison for any term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during such imprisonment.
Page 670 - Provided always, that if upon the Trial of any Person indicted for such Misdemeanor it shall be proved that he obtained the Property in question in any such Manner as to amount in Law to Larceny, he shall not by reason thereof be entitled to be acquitted of such Misdemeanor; and no such Indictment shall be removable by Certiorari; and no Person tried for such Misdemeanor shall be liable to be afterwards prosecuted for Larceny upon the same Facts.
Page 543 - For decoying, taking, or enticing away a child under the age of twelve years, with intent to detain and conceal it from its parent, guardian, or other person having the lawful charge of the child; 3.
Page 508 - Every person who takes any woman unlawfully, against her will, and by force, menace, or duress, compels her to marry him, or to marry any other person, or to be defiled ,is punishable by imprisonment in the state prison not less than two nor more than fourteen years.

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