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" The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order an action or indictment to be dismissed. "
New York Annotated Cases: Selected from the Current Decisions of the New ... - Page 50
by Wayland Everett Benjamin - 1901
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...his bai' shall be exonerated or money deposited instead of bail, shall be refunded to him. § 753. The court may, either of its own motion, or upon the...district attorney, and in furtherance of justice, order any action, after indictment, to be dismissed ; but in such case, the reasons of the dismissal shall...
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The Code of Criminal Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - Criminal procedure - 1850 - 558 pages
...deposited instead of bail must be refunded to him. § 739. The court may, either of its own motion, or apon the application of the district attorney, and in furtherance...order an action, after indictment, to be dismissed ; but in that case, the reasons of the dismissal must be set forth in the order, which must be entered...
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The Code of Criminal Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - Criminal procedure - 1850 - 562 pages
...attorney chooses to consent that it do so. Section 739 remedies this defect, by authorizing the court, either of its own motion, or upon the application...district attorney, and in furtherance of justice, to dismiss the indictment; while, as a wholesome restraint upon this discretion, it requires that the...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...his bail shall be exonerated, or money deposited instead of bail, shall be refunded to him. SEC. 597. The court may, either of its own motion or upon the...district attorney, and in furtherance of justice, order any action or indictment to be dismissed ; but in such case the reasons of the dismissal shall be set...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - Law - 1855 - 670 pages
...be refunded to him. f SEC. 82. The court may, in its discretion, or upon the application indictment, of the district attorney, and in furtherance of justice, order an action after indictment to be dismissed ; but in that case the reasons of the dismissal shall be set forth in the order, which shall be entered...
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Laws of the Territory of Idaho

Idaho - Law - 1864 - 734 pages
...his bail shall be exonerated, or money deposited instead of bail shall be refunded to him. SEC. 584. The court may, either of its own motion or upon the...district attorney, and in furtherance of justice, order any action after indictment to be dismissed ; but in such case the reasons of the dismissal shall be...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1864 - 762 pages
...his bail shall be exonerated, or money deposited instead of bail shall be refunded to him. SEC. 584. The court may, either of its own motion or upon the...district attorney, and in furtherance of justice, order any action after indictment to be dismissed ; but in such case the reasons of the dismissal shall be...
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The Penal Code of California, Volume 4

California - Criminal law - 1872 - 698 pages
...urdurno>' Nolle proseq ii aboliauod. Dismissal a bar in misdomennor, but not in v; 1385. (§ 597.) The Court may, either of its own motion or upon the application of the District Attorne7> an(i i" furtherance of justice, order an action or indictment to be dismissed. The reasons...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - Law - 1876 - 986 pages
...instead of bail must be refunded to him. 14.385. When court may order action dismissed, SEC. 1385. The court may, either of its own motion or upon the...attorney, and in furtherance of justice, order an action or indictment to be dismissed. The reasons of the dismissal must be set forth in an order entered upon...
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Acts, Resolutions, and Memorials Passed at the ... Annual, and Special ...

Utah - Session laws - 1878 - 238 pages
...continued. is exonerated or money deposited instead of bail must be refunded to him. SEC. 467.—The Court may, either of its own motion or upon the application of the Prosecuting its owrTmotTon Attorney, and in furtherance of justice, order an So n 0 Sf ii £ r . 0...
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