The Code of Criminal Procedure of the State of New York: Being Chapter 442 of the Laws of Eighteen Hundred and Eighty-one : Passed June 1, 1881, Three-fifths Being Present
Weed, Parsons, 1881 - 255 pages
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action admitted allowed answer appear application arrest attend authority bail bastard brought cause certificate challenge CHAPTER charged city and county clerk Code commission committed complaint conviction copy counsel court of oyer court of sessions crime criminal custody death defendant deliver depositions direct discharged district attorney duty effect entered evidence examination execution facts felony fendant filed give given grand jury guilty held indictment issue judge judgment jurisdiction juror justice last section magistrate manner matter ment mentioned mother notice oath offense officer otherwise oyer and terminer paid party peace person plea plead police prescribed present prison proceed proceedings prosecution punishment reasonable received record removed rendered residence respect served sheriff special sessions statement sufficient summoned supreme court sureties taken term thereof tion TITLE town trial tried undertaking unless verdict warrant witness York
Page 147 - If, without sufficient excuse, the defendant neglects to appear for arraignment or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the undertaking of bail, or the money deposited instead of bail, as the case may be, must thereupon be declared forfeited.
Page 170 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Page 113 - When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors ; 5.
Page 216 - A person wandering abroad and begging, or who goes about from door to door, or places himself in the streets, highways, passages, or other public places, to beg or receive alms ; 6.
Page 104 - After hearing the charge, the jury may either decide in court or may retire for deliberation. If they do not agree without retiring, an officer must be sworn to keep them together in some private and convenient place, and not to permit any person to speak to or communicate with them, nor to do so himself, unless by order of the court, or to ask them whether they have agreed upon a verdict, and to return them into court when they have so agreed, or when ordered by the court...
Page 148 - The court to which the committing magistrate returns the depositions, or in which an indictment, information, or appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order entered upon its minutes, direct the arrest of the defendant and his commitment to the officer to whose custody he was committed at the time of giving bail, and his detention until legally discharged, in the following cases: 1. When, by reason of his failure to appear, he has incurred...
Page 98 - ... read it, and state the plea of the defendant to the jury, and in cases where it charges a previous conviction, and the defendant has confessed the same, the clerk in reading it shall omit therefrom all that relates to such previous conviction. In all other cases this formality may be dispensed with 2.
Page 76 - Words used in a statute to define a public offense need not be strictly pursued in the indictment or information, but other words conveying the same meaning may be used. 1880 — 13. 959. The indictment or information is sufficient if it can be understood therefrom: 1. That it is entitled in a court having authority to receive it, though the name of the court be not stated.
Page 105 - A room must be provided by the supervisors of the county (or if the trial be in a city court, by the corporate authorities of the city), for the use of the jury, upon their retirement for deliberation, with suitable furniture, fuel, lights and stationery.