A Practical Treatise Upon the Criminal Law and Practice of the State of New ... - John H. Colby - Google Books

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XXXVIII. Of the witnesses

XXXIX. Proofs to the jury, and their deliberation

XLI. Punishment on conviction

XLII. Of the acquittal of the defendant, and concerning costs

XLIII. Judgment how executed

XLIV. Payment, and accounting for fines

XLV. Records of conviction

XLVI. When filed

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XLVII. Certificate how far evidence

XLVIII. Special provisions in relation to courts of special sessions in the

XLIX. Fees of justices in criminal cases, and of courts of special

OF THE REMOVAL BY CERTIORARI OF THE PROCEEDINGS

AND JUDGMENT UPON CONVICTIONS IN THE COURTS

OF SPECIAL SESSIONS AND POLICE COURTS INTO THE

COURTS OF SESSIONS.

V. Service of the writ and affidavit on the magistrate

VI. Return to the writ and filing of papers

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OF THE PRACTICE AND PROCEEDINGS IN COURTS OF OYER AND

TERMINER AND COURTS OF SESSIONS, UPON THE FINDING,

PRESENTMENT AND TRIAL OF INDICTMENTS.

OF THE PROCEEDINGS FROM THE ORGANIZATION OF THE COURT DOWN TO THE

FINDING AND PRESENTMENT OF THE INDICTMENT.

SECTION I. The district attorney's precept for courts of oyer and terminer 234

II. Proclamation by crier of the court

III. Calendar of persons confined in jail to be furnished courts of

oyer and terminer and sessions

IV. Of empanneling the grand jury-

V. Of the grand jury

VI. Of the return and summoning of the grand jurors

VII. Of hearing excuses by the grand jurors

VIII. Of challenges to the grand jurors

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XV. Of the time within which the indictment may be found

XVI. Of the county in which the indictment is to be found

XVII. Presentment of the indictment

OF THE PROCEEDINGS FROM THE PRESENTMENT OF THE INDICTMENT

DOWN TO THE TRIAL.

XVIII. Compromising certain offences after indictment found

XIX. Persons not indicted to be discharged

XX. Discharged and acquitted prisoners not to pay fees

XXI. Bringing the prisoner from the court to the jail

XXII. Of the bench warrant

XXIII. Bench warrant, how directed

XXIV. Arrest upon the bench warrant

XXV. Of the arrest of the defendant when he has fled from the State 262

XXVI. Compelling the appearance of corporations when indicted

XXVII. Of the arraignment of the defendant

XXVIII. Persons imprisoned on conviction may be arraigned and tried

for an offence committed in prison

XXIX. Defendant entitled to copy of the indictment

XXX. Indictments, when and how quashed

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XLII. The plea of nolle contendere

XLIII. Of the plea of pardon

XLIV. Of replications to special pleas, and joinders to demurrers

XLV. Bailing the defendant after indictment

XLVI. Power of courts of oyer and terminer and courts of sessions to

XLVII. By whom bail may be taken after the adjournment of the court 289

XLVIII. In such cases recognizances to be filed

XLIX. Of the discretionary power to bail

L. Of the amount of bail required -

LI. Of the surrender of the prisoner by his bail

LII. General requisites and validity of recognizances

LIII. Recognizances, how taken

LIV. Of the lien of recognizances upon real estate

LV. Recognizance, when forfeited

LVI. Estreating the recognizance

LVII. Forfeited recognizances, how remitted

LVIII. Suits on recognizances

LIX. Postponing the trial on the defendant's application

LX. Trial postponed by neglect of prosecutor

LXI. Prisoner, when entitled to release by neglect to try him

LXII. The trial being postponed, witnesses to be recognized to appear

LXIII. Witnesses in such cases to be attached and prosecuted for

LXIV. Prisoners in jail allowed to converse with their counsel - 314

LXV. Prisoners, when not to be removed by habeas corpus during

session of oyer and terminer

LXVI. Of subpoenas for witnesses for the people

LXVII. Subpoenas for the defendant, and how issued

LXVIII. Witnesses in a foreign country -

LXIX. Fees not to be tendered witness

LXX. Disobedience of subpoena

LXXI. Prisoners may also be brought before courts as witnesses

LXXII. Foreign and poor witnesses, how paid

LXXIII. Commissioners for witnesses

LXXIV. Of the examination of witnesses conditionally for the defendant 319

LXXV. Of the removal of indictments before trial from the court of

sessions to the court of oyer and terminer

LXXVI. Contents of the application

LXXVII. When order to be granted

LXXVIII. Recognizance thereon

LXIX. Filing the recognizance and delivery of the order

LXXX. Of the removal of indictments from the court of oyer and

terminer to the Supreme Court before trial

LXXXI. Recognizance upon such certiorari

LXXXII. When such recognizance not required

LXXXIII. Proceedings after removal into Supreme Court -

LXXXIV. Of changing the place of trial

OF THE PROCEEDINGS FROM AND INCLUDING THE TRIAL DOWN TO AND

INCLUDING THE VERDICT.

XCI. Of the return and summoning of jurors

LXXXV. Of the trial of the indictment

LXXXVI. Certain provisions in civil cases, adopted on the trial of the

LXXXVII. Defendant to be present at trial

LXXXVIII. Of separate trials by defendants jointly indicted

LXXXIX. Proceedings, when prisoner is insane at the trial

XC. Of the right of trial by jury

XCII. Of the qualifications of jurors and discharging and excusing

them from jury duty

a. What jurors to be discharged

b. What jurors to be excused

XCIII. Clerk's address to prisoner before calling the jury

XCIV. Of challenges to the jurors

XCV. Of the kinds of challenge allowed to the people

XCVI. Of the kinds of challenge allowed to the prisoner

XCVII. Of challenges to the array

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a. Bias, on the juror's mind on the question whether

or not the prisoner is guilty

b. Bias which comes from relationship

c. That the juror has a pecuniary or other interest in

the event of the action

d. That the juror has passed upon the same question

while serving in some other capacity

e. Bias from particular opinions concerning the law

f. Social and civil connections

g. A general bias against the prisoner

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CVI. Compelling the district attorney to elect on which of several

counts in the indictment he will proceed -

362

CVII. Of exceptions by the defendant upon the trial

- 362

CVIII. Opening of the case by the district attorney

CIX. Of the examination of the witnesses for the prosecution

CX. Discharging one of several defendants

CXI. Of the opening of the case by the defence and the witnesses for

the prisoner, and of witnesses in reply

CXII. The addresses to the jury by the counsel

CXVII. Retirement of the jury -

CXIX. Rendition of the verdict

CXX. Of the verdict

CXIII. Of the adjournment of court during the trial

CXIV. Of the separation of the jury during the trial

CXV. The judge's charge to the jury -

CXVI. The deliberations of the jury

CXVIII. Of discharging the jury in case of their inability to agree

CXXII. Verdict against one of several defendants

CXXI. Verdict on several counts of the indictment

CXXIII. Verdict for a less offence than is charged

CXXIV. Verdict shall not be for an attempt, when offence is perpetrated 384

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