New York Criminal Reports: Reports of Cases Decided in All Courts of the State of New York Involving Questions of Criminal Law and Practice with Notes and References, Volume 38W.C. Little & Company, 1922 |
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Page 10
... counsel . The judge who had sat upon that trial con- ducted this hearing . Witnesses were examined and cross- examined . The relator offered no evidence , but rested his case upon various motions . The final order rests upon the ...
... counsel . The judge who had sat upon that trial con- ducted this hearing . Witnesses were examined and cross- examined . The relator offered no evidence , but rested his case upon various motions . The final order rests upon the ...
Page 19
... counsel to inquire of you how you reached your decision in the Schwab case . That is your own private matter , and we will assume that you reached your decision upon your best judgment . " Their examination followed . Here was no ...
... counsel to inquire of you how you reached your decision in the Schwab case . That is your own private matter , and we will assume that you reached your decision upon your best judgment . " Their examination followed . Here was no ...
Page 24
... right of examination . In the case whence this proceed- ing arose , the counsel in charge of the prosecution declared to the relator , after he was drawn as a 24 NEW YORK CRIMINAL REPORTS , VOL . XXXVIII . Cap Traction Co v Hof, 174 U S 15.
... right of examination . In the case whence this proceed- ing arose , the counsel in charge of the prosecution declared to the relator , after he was drawn as a 24 NEW YORK CRIMINAL REPORTS , VOL . XXXVIII . Cap Traction Co v Hof, 174 U S 15.
Page 28
... counsel , that where the jurors challenge themselves , they may be sworn to the truth of their asservations . ( 1 Chitty Criminal Law , 443. * ) But when these are undoubted , of what use can it be to make assurance doubly sure ? I may ...
... counsel , that where the jurors challenge themselves , they may be sworn to the truth of their asservations . ( 1 Chitty Criminal Law , 443. * ) But when these are undoubted , of what use can it be to make assurance doubly sure ? I may ...
Page 29
... counsel contends that the moving papers on the motion were a nullity and the proceedings void . This proceeding was instituted by an order to show cause upon affidavits . The relator appeared on the return day and was represented by counsel ...
... counsel contends that the moving papers on the motion were a nullity and the proceedings void . This proceeding was instituted by an order to show cause upon affidavits . The relator appeared on the return day and was represented by counsel ...
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Common terms and phrases
accomplice affidavit alleged Appellate Division arrest assault Assistant District Attorney attorney at law bill of sale board of aldermen charged Code of Criminal committed concur constitute convicting the defendant corporation corroboration counsel County Court Court of Special crime Criminal Procedure Daniello declared defendant defendant's dismissed Edward Swann enacted error evidence ex rel fact false felony grand jury grand larceny guilty habeas corpus Harry held hypothecation indictment intent judgment of conviction juror justice kill Kings county Legislature magistrate Mancini manslaughter Marwig ment Misc misdemeanor motion murder N. Y. Crim Navy Street Gang offense opinion ordinance Penal Law perjury person possession practice law prisoner proceedings prohibit proof prosecution provisions punishment purpose question reasonable relator rendered reversed robbery rule sentence Special Sessions statement statute subdivision supra Supreme Court testified testimony theatre ticket thereof ticket broker ticket speculator tion transaction verdict witness York
Popular passages
Page 478 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Page 121 - As the term is generally understood, the 'practice' of the law is the doing or performing services in a court of justice, in any matter depending therein, throughout its various stages, and in conformity to the adopted rules of procedure. But in a larger sense it includes legal advice and counsel, and the preparation of legal instruments and contracts by which legal rights are secured, although such matter may or may not be depending in a court.
Page 427 - The rule that a penal statute is to be strictly construed does not apply to this chapter or any of the provisions thereof, but all such provisions must be construed according to the fair import of their terms, to promote justice and effect the objects of the law.
Page 481 - whenever the executive authority of any State or territory demands any person as a fugitive from justice of the executive authority of any State or territory to which such person has fled, and...
Page 177 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 415 - From a deliberate and premeditated design to effect the death of the person killed, or of another, or 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect the death of any individual; or without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise; or, 3. When perpetrated in committing the crime...
Page 326 - A person who, with the intent to deprive or defraud the true owner of his property, or of the use and benefit thereof, or to appropriate the same to the use of the taker, or of any other person, either 1.
Page 316 - ... an action or special proceeding, civil or criminal, or to pay a sum of money, or to incur a charge, forfeiture, or penalty, or whereby any benefit might accrue to the offender, or to another person ; Is punishable by imprisonment in a state prison for not more than ten years.
Page 394 - When the judgment is of death, the court of appeals may order a new trial, If it be satisfied that the verdict was against the weight of evidence or against law, or that justice requires a new trial, whether any exception shall have been taken or not in the court below.
Page 411 - Assaults another with a loaded fire-arm, or any other deadly weapon, or by any other means or force likely to produce death ; or 2. Administers to or causes to be administered to or taken by another, poison, or any other destructive or noxious thing, so as to endanger the life of such other ; Is guilty of assault in the first degree.