Themis: verzameling van bijdragen tot de kennis van het publiek- en privaat recht, Volume 25

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Belinfante, 1864 - Law

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Page 32 - ... and whatever the prisoner shall then say, in answer thereto, shall be taken down in writing and read over to him, and shall be signed by the said justice or justices, and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned ; and afterwards, upon the trial of the said accused person, the same may, if necessary, be given in evidence against him without further proof thereof, unless it shall be proved that the justice or justices purporting to...
Page 32 - ... having heard the evidence, do you wish to say anything in answer to the charge ? You are not obliged to say anything Ar£ument for unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial...
Page 32 - Having heard the evidence, do you wish to say anything in answer to the charge ? you are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence...
Page 13 - He must also allow the defendant a reasonable time to send for counsel, and adjourn the examination for that purpose ; and must, upon the request of the defendant, require a peace officer to take a message to such counsel in the town or city, as the defendant may name. The officer must, without delay and without fee, perform that duty.
Page 33 - ... nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall then say may be given in evidence against him upon his trial, notwithstanding such promise or threat : Provided, nevertheless, that nothing herein enacted or contained shall prevent the prosecutor in any case from giving in evidence any admission or confession, or other statement, of the person accused or charged, made at any time, which...
Page 13 - When the examination of the witnesses on the part of the people is closed, the magistrate must inform the defendant, that it is his right to make a statement in relation to the charge against him...
Page 34 - ... inform the defendant, that it is his right to make a statement in relation to the charge against him, (stating to him the nature thereof;) that the statement is designed to enable him, if he see fit, to answer the charge and to explain the facts alleged against him, that he is at liberty to waive making a statement, and that his waiver cannot be used against him on the trial.
Page 35 - A plea of guilty can be put in by the defendant himself only in open court, unless upon indictment or information against a corporation, in which case it may be put in by counsel. The court may at any time before judgment, upon a plea of guilty, permit it to be withdrawn and a plea of not guilty substituted.
Page 35 - A plea of: 1. Guilty. 2. Not guilty. 3. A former judgment of conviction or acquittal of the offense charged, which may be pleaded either with or without the plea of not guilty.
Page 36 - A confession of a defendant, whether in the course of judicial proceedings or to a private person, can be given in evidence against him, unless made under the influence of fear produced by threats, or unless made upon a stipulation of the district attorney, that he shall not be prosecuted therefor...

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