PAGE. does not amount to an acquittal.. NOLLE PROSEQUI (Continued): court no power to order..... must be entered on application of district attorney. but the court must consent... defendant may be found guilty on one count, and nolle prosequi en- 270 270 . 270 270 271 cannot be entered by court of sessions for offence not triable in that justice of Supreme Court may preside at, although judge of the Court 56 by whom to be held in the city and county of New York............. ... 56 57 their power and jurisdiction...... 57 indictments in, when sent to court of sessions. 57 their power to change the place of trial of indictments 58 their power to grant new trials.... 58 vacancies in members of, how filled. 58 The oath must be false 675 testifying to what is true in fact, but not known to be so... 675 675 The materiality of the statement ... 675 statement must be in some point material to question in dispute.... 675 the general rule as to materiality immaterial to issue, not perjury 676 provision of statutes view of commissioners of penal code..... an extension of common law doctrine... collection of special statutes creating perjury.. One witness not sufficient to procure conviction... two witnesses not necessary to disprove fact sworn to. one witness may be to, in confirmation of the other... persons convicted of perjury incompetent as witnesses. provisions of statute ... PERSONS HAVING THEIR FACES PAINTED, ETC. (See SUMMARY PERSONS CAPABLE OF COMMITTING CRIMES: who are..... Infancy, exemption from punishment on the ground of... Infants, their liability for crime below the age of seven years over the age of fourteen years.. malice supplies age ..... when exempted from prosecutioa for embezzlement Insanity, exemption from punishment on the ground of.. ... ....... 678 678 .. 678 .. 678 678, 679 679 679 679 679 682 682 682 682 683 PLEAS BY THE PRISONER: what is meant by plea ... dilatory pleas to be verified. plea as to matters occurring in another county The general issue ..... what is plea of not guilty..... what may be submitted under this plea PAGE. 271 271 272 272 272 272 plea of not guilty to be entered, where defendant refuses to plead... 272 after plea of not guilty, too late to object to mode of summoning Plea to the jurisdiction... Declinatory pleas Pleas in bar.... 273 273 276 276 276 277 . 277 278 279 281 ... 281 synopsis of decisions on pleas of autrefois acquit and autrefois convict 283 postponement due ex gratia, and not as matter of right. 306 306 306 307 307 307 307 307 308 308 POSTPONING THE TRIAL (Continued): what affidavit should state when cause of suspicion when facts expected to be proved required to be stated PAGE. 309 309 when not required..... 310 affidavit should show witnesses to be material 311 and due diligence used....... 311 witness should be subpoenaed. 311 no answer to admit that witness would testify to facts stated 311 when postponed by neglect of prosecutor 312 trial postponed, witnesses to be recognized.. 312 witness who refuses to enter into recognizance to be committed. 313 313 contents of 313 for failure to attend, witness may be attached and prosecuted punishment of principals in first and second degree the same. Principals in the second degree.. includes all the particeps criminis..... distinction between principal in the first and second degrees.. 17 17 17 17 18 18 18 19 19 19 19 need not be present during the whole of the commission of the offence, 21 22 22 PRISONERS NOT INDICTED TO BE DISCHARGED................ 258 discharge to be within twenty-four hours after discharge of grand PAGE. PROFANE CURSING AND SWEARING (See SUMMARY CONVICTIONS). PUNISHMENT (See SENTENCE). exemption from, on the ground of infancy..... insanity. intoxication acts done in subjection to the power threats and menaces.. QUASHING OF INDICTMENT (See INDICTMENT). QUASHING OF CERTIORARI (See CERTIORARI). RACING OF ANIMALS (See SUMMARY CONVICTIONS). the statutory offence.. ... By whom the offence may be committed.... boy under fourteen incapable at common law.... in this State the presumption may be rebutted by proof.. 15 14 14 684 684 684 685 685 685 685 Of the force by offender, and resistance by prosecutrix.. 686 686 Of carnal knowledge....... fraud by substances or liquids. what constitutes penetration... enough if consent was forced by duress or fear of death. Offence committed by stratagem or fraud... where woman believed prisoner to be her husband. the question discussed and cases cited..... other instances of stratagem proof of actual penetration enough 691 The medico legal inquiries. 691 691 691, 692 Rape on children under ten years of age.. 692 693 evidence necessary in such cases.... presumptions in such cases.... Whether assault with intent, &c., on female under ten years of age. 693 693 the question discussed....... Principals and accessories. 695 husband of woman may also be..... boy under fourteen may be principal in secend degree.. 695 695 RECEIVING STOLEN PROPERTY: common law doctrine.... statutory enactment 695 695 |