A Practical Treatise Upon the Criminal Law and Practice of the State of New York: With an Appendix of Precedents, Designed for the Use of the Legal Profession, and All Public Officers Engaged in the Administration of Criminal Law, and as a Textbook for Students ...

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Contents

Courts of sessions
45
City court of Brooklyn
50
Superior court of the city of Buffalo
51
Recorders court of the city of Oswego
52
Recorders court of the city of Utica
53
Court of general sessions in the city and county of New York
54
Courts of oyer and terminer
55
The Supreme Court
59
The Court of Appeals
60
CHAPTER IV
61
Of the arrest by private persons without a warrant
62
Of the arrest by an officer without a warrant
65
Of the arrest by officers with a warrant
69
As to the time and manner of making the arrest
71
Of fugitives from justice and the obtaining of requisitions for the arrest thereof upon the governors of other States
77
CHAPTER V
82
Of the complaint
83
When warrant to issue
84
When party discharged and when to be committed
85
Recognizance to be filed
86
When recognizance deemed broken
87
Surety of the peace by convicts
88
Special provisions applicable to the city and county of New York
89
CHAPTER VI
91
Of search warrants for children detained by Shakers
92
Of search warrants issued for stolen or embezzled property
93
Of the warrant
94
Warrant to whom directed etc
95
Warrant how executed
96
Search warrant for mineral water bottles
97
Searching prisoners etc for property
98
Search warrants for property pawned
99
Search warrants for canal property
100
CHAPTER VII
101
Jurors to be summoned
102
Swearing the jury
103
Subpoenas for witnesses
104
Inquisition of jury
106
Proceedings of coroner
107
Returning examination and recognizances
108
Justices when to act as coroners
109
Disposition of money found on dead bodies
110
Investigation of the origin of fires
111
OF BASTARDY PROCEEDINGS
113
CHAPTER IX
136
Execution and commitment
147
Keeper of jail to exhibit lists
153
CHAPTER X
173
Requisites of warrant
177
SECTION III
207
SECTION PAGE XXXIII When jury trial to be had
210
Summoning the jury
211
New venire
212
Proofs to the jury and their deliberation
214
Verdict
215
Of the acquittal of the defendant and concerning costs
216
Judgment how executed
217
Special provisions in relation to courts of special sessions in the city and county of New York 219
220
Fees of justices in criminal cases and of courts of special sessions
223
CHAPTER XI
225
Who to allow certiorari
227
Service of the writ and affidavit on the magistrate
228
Service of papers and notice of argument
229
Staying execution on conviction
230
Proceedings on the recognizance
231
Proceedings on the judgment
232
CHAPTER XII
233
SECTION I
234
Proclamation by crier of the court
236
Of empanneling the grand jury
237
Of the grand jury
238
Of the return and summoning of the grand jurors
239
Of hearing excuses by the grand jurors
240
Of talesmen for the grand jury
241
Of the oath to the grand jury
242
The judges charge
243
Of the selection of a clerk to the grand jury
244
Of the proceedings had before the grand jury
245
Of the time within which the indictment may be found
248
Of the county in which the indictment is to be found
249
Presentment of the indictment
255
SECTION II
257
Compromising certain offences after indictment found
258
Discharged and acquitted prisoners not to pay fees
259
Bringing the prisoner from the court to the jail
260
Bench warrant how directed
261
Of the arrest of the defendant when he has fled from the State
262
Of the arraignment of the defendant
263
Persons imprisoned on conviction may be arraigned and tried for an offence committed in prison
264
Defendant entitled to copy of the indictment
265
SECTION PAGE XXXI Motion to quash by the prosecutor
268
Motion to quash by the defendant
269
Nolle prosequi
270
Of pleas by the prisoner
271
The general issue
272
The plea to the jurisdiction
273
Of declinatory pleas
276
Of the plea in abatement
284
Plea of guilty
286
The plea of nolle contendere
287
Of replications to special pleas and joinders to demurrers
288
Power of courts of oyer and terminer and courts of sessions to bail prisoners
289
In such cases recognizances to be filed
291
Of the discretionary power to bail
292
Of the amount of bail required
296
Of the surrender of the prisoner by his bail
297
General requisites and validity of recognizances
298
Recognizances how taken
300
Of the lien of recognizances upon real estate
301
Recognizance when forfeited
302
Estreating the recognizance
303
Commissioners for witnesses
318
Of the examination of witnesses conditionally for the defendant
319
Contents of the application
321
Of the removal of indictments from the court of oyer and terminer to the Supreme Court before trial
322
Proceedings after removal into Supreme Court
323
SECTION III
327
Of the trial of the indictment
328
Defendant to be present at trial
329
Proceedings when prisoner is insane at the trial
331
Of the right of trial by jury
332
Of the return and summoning of jurors
333
Of the qualifications of jurors and discharging and excusing them from jury duty
334
a What jurors to be discharged
337
b What jurors to be excused
339
Clerks address to prisoner before calling the jury
340
Of the kinds of challenge allowed to the people
341
Of the kinds of challenge allowed to the prisoner
342
Of challenges to the array
343
Of challenge to the polls
344
Propter honoris respectum
345
Property qualification in certain counties
346
a Bias on the jurors mind on the question whether or not the prisoner is guilty
347
b Bias which comes from relationship
349
That the juror has passed upon the same question while serving in some other capacity
350
f Social and civil connections
351
Propter delictum
352
Challenges how made
353
CIL Challenge to the polls how disposed of
354
Of the summoning of talesmen as petit jurors
358
Swearing the jurors
359
Ordering witnesses to withdraw
360
Opening of the case by the district attorney 363
365
Of the adjournment of court during the trial
366
Of the separation of the jury during the trial
367
The judges charge to the jury
368
The deliberations of the jury
371
Retirement of the jury
373
Of discharging the jury in case of their inability to agree
374
Rendition of the verdict
375
Verdict on several counts of the indictment
378
Verdict against one of several defendants
380
Verdict for a less offence than is charged
381
Verdict shall not be for an attempt when offence is perpetrated
384
Polling the jury
385
Motion in arrest of judgment
386
SECTION IV
389
Of the sentence or judgment
392
Sentence to expire between Mareh and November
393
SECTION PAGE CXXXI Sentence when there are several convictions at the same time
394
Persons under sixteen years of age may be sentenced to the house of refuge
395
Persons over sixteen and under twentyone years of age may be sentenced to the penitentiary instead of State prison
396
Of the disqualifications consequent upon sentence
398
Copies of sentence when to be furnished sheriff and his duty thereon
400
Entering judgment in the minutes
401
Records of judgment
402
Of the punishment for felonies
403
OXLIII Punishment for misdemeanors
412
Punishment of accessories before the act and principals in the second degree
413
Punishment of persons committing second offence after previous conviction of a felony 413
414
Punishment of persons convicted in this State after previous conviction in other States or foreign territory
416
Persons confined for fines when discharged if unable to pay fine
417
SECTION V
418
Reprieve of convicts
420
Application for pardon
421
Of making and filing statements of conviction
422
District attorney to furnish statement of conviction
423
Statement to be made by sheriff in relation to convictions
424
District attorney to file minutes of evidence
425
OF WRITS OF ERROR AND CERTIORARI AND OF MOTIONS FOR NEW TRIALS
427
SECTION I
428
Grounds of exception
430
Bill of exceptions
435
Time in which to make bill of exceptions
437
Of settling the bill of exceptions
438
Resettlement of the bill
440
SECTION II
441
II Bill of exceptions
442
Stay of proceedings
444
Letting convict to bail
445
No assignment or joinder of errors necessary 446
446
Defendant not appearing after judgment
447
When writ to issue
449
Writs of error on behalf of the people in criminal cases
450
Bill of exceptions
451
Stay of proceedings
452
Writ to be filed
453
Return to the writ
454
Duty of district attorney
456
BOOK II
479
Arson
487
SECTION PAGE XVIII Embezzlement
546
Enlisted men defrauding and drugging of
555
Escapes from prison and prison breach
557
False pretences and falsely personating others
559
Forgery
567
Gamblers
589
Homicide
590
Incest
620
Larceny
622
Mayhem
669
Malicious injury to railroads
670
Producing pretended heir
671
Perjury
673
Rape
684
Receiving property which has been stolen or embezzled
695
Robbery
698
Seduction under promise of marriage
712
Substituting child
714
Treason
715
Violation of election and registry laws
716
Violating graves etc
717

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Common terms and phrases

Popular passages

Page 238 - No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service; and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indictment of a grand jury...
Page 483 - Although it is provided (Ib., 989, 40) that "the term ' felony,' when used in this act, or in any other statute, shall be construed to mean an offence for which the offender, on conviction, shall be liable by law to be punished by death, or by imprisonment in a State Prison...
Page 613 - Every person who shall administer to any woman pregnant with a quick child any medicine, drug or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter.
Page 405 - ... county jail not exceeding one year, or by a fine not exceeding five thousand dollars and not less than one thousand dollars, or by both such fine and imprisonment.
Page 121 - Whenever any mandate, writ or commission is issued out of any court of record in any other state, territory, district or foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness or witnesses in this state, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this state.
Page 593 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Page 399 - A sentence of imprisonment in a state prison for any term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during such imprisonment.
Page 670 - Provided always, that if upon the Trial of any Person indicted for such Misdemeanor it shall be proved that he obtained the Property in question in any such Manner as to amount in Law to Larceny, he shall not by reason thereof be entitled to be acquitted of such Misdemeanor; and no such Indictment shall be removable by Certiorari; and no Person tried for such Misdemeanor shall be liable to be afterwards prosecuted for Larceny upon the same Facts.
Page 543 - For decoying, taking, or enticing away a child under the age of twelve years, with intent to detain and conceal it from its parent, guardian, or other person having the lawful charge of the child; 3.
Page 508 - Every person who takes any woman unlawfully, against her will, and by force, menace, or duress, compels her to marry him, or to marry any other person, or to be defiled ,is punishable by imprisonment in the state prison not less than two nor more than fourteen years.

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