The Code of Criminal Procedure of the State of New York |
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Page xii
... Clerk and officers , ....... 13 21. Time of holding the court , 13 22. Oath to members of the court , 13 23. Compensation of members and officers of the court , 14 TITLE III . Of the conrts of oyer and terminer , .... SECTION 24. Court ...
... Clerk and officers , ....... 13 21. Time of holding the court , 13 22. Oath to members of the court , 13 23. Compensation of members and officers of the court , 14 TITLE III . Of the conrts of oyer and terminer , .... SECTION 24. Court ...
Page xxi
... clerk , and his duties , .. 252. Discharge of the grand jury , ... CHAPTER III . Powers and duties of the grand jury , ... SECTION 253. Power of grand jury to inquire into all public offences com- mitted or triable in the county , and ...
... clerk , and his duties , .. 252. Discharge of the grand jury , ... CHAPTER III . Powers and duties of the grand jury , ... SECTION 253. Power of grand jury to inquire into all public offences com- mitted or triable in the county , and ...
Page xxvi
... clerk , 182 182 182 183-186 four days before the term ,. 183 396. Clerk to prepare calendar , ...... 397. Order of XXVI TABLE OF CONTENTS .
... clerk , 182 182 182 183-186 four days before the term ,. 183 396. Clerk to prepare calendar , ...... 397. Order of XXVI TABLE OF CONTENTS .
Page xxvii
... Clerk to prepare calendar , ...... 397. Order of disposing of issues on the calendar , ............... .. 398. Indictment pending before term , not to be tried , but by con- sent , unless placed on the calendar , ......... ... 399 ...
... Clerk to prepare calendar , ...... 397. Order of disposing of issues on the calendar , ............... .. 398. Indictment pending before term , not to be tried , but by con- sent , unless placed on the calendar , ......... ... 399 ...
Page xxxvii
... Clerk may issue blank subpoenas , for witnesses for defendant , on trial , 317 674 . Form of subpœna ,. 317 675 . Requirement in subpœna , to produce books , papers and doc . uments , ....... 317 676. Subpoena , by whom served , 318 677 ...
... Clerk may issue blank subpoenas , for witnesses for defendant , on trial , 317 674 . Form of subpœna ,. 317 675 . Requirement in subpœna , to produce books , papers and doc . uments , ....... 317 676. Subpoena , by whom served , 318 677 ...
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Common terms and phrases
accusation admitted to bail appear bench warrant cause challenge CHAPTER city and county city court city of New-York clerk Commissioners common law conformity constitution counsel county of New-York court of oyer court of sessions Crim crime criminal actions custody deemed defendant demurrer depositions dictment discharged district attorney duty endorsed evidence examination execution existing practice fact felony fendant filed grand jury guilty impeachment imprisonment indictment indictment found issue judgment jurisdiction juror justice last section last two sections magistrate ment misdemeanor oath offence charged offences committed oyer and terminer party peace officer peremptory challenges perjury person plea pleading police prescribed present presiding judge prison proceedings proper prosecution provided in section public offence punishable with death reason removal rule sheriff statutes substantially sufficient summoned supreme court sworn taken testimony therein thereof tion trial triers undertaking verdict warrant of arrest William Green witnesses
Popular passages
Page 245 - A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant, on a plea of a former conviction or acquittal.
Page 229 - If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor of the defendant upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given unless the jury expressly find against the defendant upon the issue, or judgment is given against him on a special verdict.
Page 210 - A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal...
Page 7 - ... in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the Court that he is dead or insane, or cannot with due diligence be found within the state...
Page 463 - person" includes a corporation, as well as a natural person. § 956. Definition of " writing."— The term "writing" includes printing. § 958. Definition of "signature." — The term "signature " includes a mark, when the person cannot write ; his name being written near it, and the mark being witnessed by a person who writes his own name as a witness, except to an affidavit or deposition, or a paper executed before a judicial officer; in which case the attestation of the officer is sufficient....
Page 346 - Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve.
Page 386 - The affidavits or depositions must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist. SEC. 6. If the judge or commissioner is thereupon satisfied of the existence of the grounds of the application or that there Is probable cause to believe their existence, he must...
Page 80 - ... 1. For a public offense committed or attempted in his presence. 2. When a person arrested has committed a felony, although not in his presence. 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
Page 390 - The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken and of the applicant for the warrant, if they are present, verified by the affidavit of the officer at the foot of the inventory, and taken before the...
Page 71 - The judge or commissioner must, before issuing the warrant, examine on oath the complainant and any witness he may produce, and require their affidavits or take their depositions in writing and cause them to be subscribed by the parties making them.