The Code of Criminal Procedure of the State of New York |
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Page iv
... principles upon which they should proceed , as to the details , even the minutest , by which those principles could be successfully carried into practice . It was , how- ever , with them , a matter of regret , that owing to the pressure ...
... principles upon which they should proceed , as to the details , even the minutest , by which those principles could be successfully carried into practice . It was , how- ever , with them , a matter of regret , that owing to the pressure ...
Page vii
... than is essential to the successful carrying out of the principles which they propose . The rules there prescribed , are mainly designed for the government of courts of VIII CODE OF CRIMINAL PROCEDURE . civil jurisdiction , embracing.
... than is essential to the successful carrying out of the principles which they propose . The rules there prescribed , are mainly designed for the government of courts of VIII CODE OF CRIMINAL PROCEDURE . civil jurisdiction , embracing.
Page viii
... principles , which they hope are expressed with suffi- cient clearness , and which , if that hope be well founded , can be readily and beneficially reduced to practice . Upon that confidence they are willing to rely , so far as the code ...
... principles , which they hope are expressed with suffi- cient clearness , and which , if that hope be well founded , can be readily and beneficially reduced to practice . Upon that confidence they are willing to rely , so far as the code ...
Page 8
... principles of the law , that no man should be imprisoned but for a crime . This principle has been carried out by the legislature , in reference to the unfortunate debtor ; and the only case to be found 8 THE CODE OF.
... principles of the law , that no man should be imprisoned but for a crime . This principle has been carried out by the legislature , in reference to the unfortunate debtor ; and the only case to be found 8 THE CODE OF.
Page 9
... principle , about which a difference of judicial opinion has existed in several of the states , but which was set at rest in this state in the case of The People v . Goodwin , 18 Johns . 200—203 , that neither the discharge of a jury ...
... principle , about which a difference of judicial opinion has existed in several of the states , but which was set at rest in this state in the case of The People v . Goodwin , 18 Johns . 200—203 , that neither the discharge of a jury ...
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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.