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 |
From inside the book
Results 1-5 of 79
Page xix
... STATUTES , ETC. , CITED . CONSTITUTION OF THE UNITED STATES . U. S. Cons . Art . 4 , § 2 subd . 3 ... .... 407 UNITED STATES STATUTES AT LARGE . 1 U. S. Stat . at Large , 302 .. 408 UNITED STATES REVISED STATUTES . U.S. Rev. St. 5278 ...
... STATUTES , ETC. , CITED . CONSTITUTION OF THE UNITED STATES . U. S. Cons . Art . 4 , § 2 subd . 3 ... .... 407 UNITED STATES STATUTES AT LARGE . 1 U. S. Stat . at Large , 302 .. 408 UNITED STATES REVISED STATUTES . U.S. Rev. St. 5278 ...
Page 30
... statute in Virginia , it was held that such a motion should be governed by the law prevailing at the time of the ... statute is an exception in a repealing clause of a statute ; the Code is a proviso that a new law shall not apply ...
... statute in Virginia , it was held that such a motion should be governed by the law prevailing at the time of the ... statute is an exception in a repealing clause of a statute ; the Code is a proviso that a new law shall not apply ...
Page 35
... statute , classed among mis- demeanors , under the terms , " malicious mischief . " 3 Rev. Stat . 6th ed . 974 , § 32 ; Stage Horse Cases , 15 Abb . Pr . ( N. S. ) 59. That if defendant had concerted with Sullivan to get Jewell's horse ...
... statute , classed among mis- demeanors , under the terms , " malicious mischief . " 3 Rev. Stat . 6th ed . 974 , § 32 ; Stage Horse Cases , 15 Abb . Pr . ( N. S. ) 59. That if defendant had concerted with Sullivan to get Jewell's horse ...
Page 58
... statute to authorize the pronouncing of sentence , or the entry of judgment thereon , in that it did not contain any finding or statement of " the amount of loss resulting from the offense of the defendant . " First . It has been ...
... statute to authorize the pronouncing of sentence , or the entry of judgment thereon , in that it did not contain any finding or statement of " the amount of loss resulting from the offense of the defendant . " First . It has been ...
Page 59
... statute , it is sometimes for the public interest that the offense defined in the statute , which consists wholly in wrongs , affecting public moneys and rights of prop- erty , should be punished by fine rather than by imprisonment ...
... statute , it is sometimes for the public interest that the offense defined in the statute , which consists wholly in wrongs , affecting public moneys and rights of prop- erty , should be punished by fine rather than by imprisonment ...
Other editions - View all
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.