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 2W.C. Little & Company, 1885 |
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Page 15
... JUDGMENT - NEW TRIAL - COMMUNICATION WITH JURY - ADDRESS TO JURY BY COUNSEL - EVIDENCE . A motion in arrest of judgment must be made for some defect which appears on the face of the record , and cannot be based upon a mere affidavit ...
... JUDGMENT - NEW TRIAL - COMMUNICATION WITH JURY - ADDRESS TO JURY BY COUNSEL - EVIDENCE . A motion in arrest of judgment must be made for some defect which appears on the face of the record , and cannot be based upon a mere affidavit ...
Page 16
... judgment convicting him of felonious assault , ren- dered November 1 , 1882 , in the General Sessions of New York , Hon . FREDERICK SMYTH , Recorder , presiding . The following facts appeared from the evidence : On the evening of July 1 ...
... judgment convicting him of felonious assault , ren- dered November 1 , 1882 , in the General Sessions of New York , Hon . FREDERICK SMYTH , Recorder , presiding . The following facts appeared from the evidence : On the evening of July 1 ...
Page 24
... judgment upon the same grounds as the motion for a new trial , and also upon an affidavit setting forth that the court had communicated with the jury in the absence of the defendant and his counsel , which motion was also denied , and ...
... judgment upon the same grounds as the motion for a new trial , and also upon an affidavit setting forth that the court had communicated with the jury in the absence of the defendant and his counsel , which motion was also denied , and ...
Page 33
... judgment of the Court of Sessions of Sara- toga county , December 19 , 1881 , convicting defendant of grand larceny , Hon . J. W. CRANE , County Judge , presiding . Defendant was indicted in January , 1881 , for the crime of grand ...
... judgment of the Court of Sessions of Sara- toga county , December 19 , 1881 , convicting defendant of grand larceny , Hon . J. W. CRANE , County Judge , presiding . Defendant was indicted in January , 1881 , for the crime of grand ...
Page 51
... judgment . Ib . 68. By section 542 of the Code of Criminal Procedure the observance of this principle has now been positively enjoined upon the courts . For it has been provided that after hearing the appeal , the court must give ...
... judgment . Ib . 68. By section 542 of the Code of Criminal Procedure the observance of this principle has now been positively enjoined upon the courts . For it has been provided that after hearing the appeal , the court must give ...
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Common terms and phrases
accused affirmed Albany county alleged answer arrest assault authority Barb Bork charged cigars Code Crim Code of Criminal commission committed common law Constitution conviction counsel court of Oyer Court of Sessions court of Special crime Criminal Procedure declared defendant defendant's defraud discharge district attorney door evidence ex rel exercise fact false felony George Grimshaw grand jury guilty habeas corpus held imprisonment indecent indictment intent issue judge judgment judicial jurors justice kill larceny legislative legislature Lyon Lyon & Co matter Meeker ment misdemeanor motion murder N. Y. Crim O. A. Nubell objection obscene offense officer opinion Oyer and Terminer Penal Code person plaintiff in error police prisoner proceedings proof prosecution proved provisions punishment purpose question relator rule sentence sufficient supra Supreme Court taken tenement house term testified testimony third degree tion trial verdict warrant Wend witness York
Popular passages
Page 285 - 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 102 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime, or criminal: this being the place where that absolute despotic power, which must in all governments reside somewhere, is entrusted by the constitution of these kingdoms.
Page 523 - ... 6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
Page 368 - the property which every man has in his own labor, as it is the original foundation of all other property, so it is the most sacred and inviolable.
Page 489 - By virtue of the final judgment or decree of a competent tribunal, of civil or criminal jurisdiction ; or the final order of such a tribunal, made in a special proceeding, instituted for any cause, except to punish him for a contempt; or by virtue of an execution or other process, issued upon such a judgment, decree, or final order.
Page 101 - The power and jurisdiction of parliament, says Sir Edward Coke, is so transcendent and absolute that it cannot be confined. either for causes or persons, within any bounds.
Page 67 - After hearing the appeal the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.
Page 413 - Any agent so appointed who receives the fugitive into his custody, shall be empowered to transport him to the State or Territory from which he has fled. And every person who by force, sets at liberty or rescues the fugitive from such agent while so transporting him, shall be fined not more than five hundred dollars or imprisoned not more than one year.
Page 183 - This Code applies to criminal actions, and to all other proceedings in criminal cases which are herein provided for, from the time when it takes effect ; but all such actions and proceedings, theretofore commenced, must be conducted in the same manner as if this Code had not been passed...
Page 500 - As a general proposition, it may be stated, it is in the province of the lawmaking power to determine whether the exigencies exist calling into exercise this power. What are the subjects of its exercise is clearly a judicial question.