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" After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties. "
Reports of Cases Heard and Determined in the Supreme Court of the State of ... - Page 19
by Marcus Tullius Hun - 1893
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The New York Supplement, Volume 102

Law reports, digests, etc - 1907 - 1220 pages
...beyond a reasonable doubt, the conviction should be affirmed under Code Or. Proc. 8 542, declaring that after hearing the appeal the court must give...exceptions which do not affect the substantial rights of the parties. Appeal from Court of General Sessions, New York County. . Philip Weinseimer was convicted...
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The New York Supplement, Volume 145

Law reports, digests, etc - 1914 - 1290 pages
...sentence of section 1317 of the Code of Civil Procedure, as amended In 1912 (Laws 1912, c. 380), reads: "After hearing the appeal, the court must give judgment,...exceptions which do not affect the substantial rights of the parties." This emancipation of the courts from technicalities, rules, and precedents is broad,...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 107

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 1888 - 834 pages
...with reason and discretion, full force and effect to the provision of the said Code (§542), declaring that "after hearing the appeal the court must give...technical errors or defects, or to exceptions which do not aflect the substantial rights oi the parties, • and the one Statement of case. which provides (§...
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The New York Supplement, Volume 78

Law reports, digests, etc - 1903 - 1258 pages
...as he desired and directed. Under section 542 of the Code of Criminal Procedure, we are required to give judgment without regard to technical errors or...exceptions which do not affect the substantial rights of the parties. We are of the opinion that the substantial rights of the defendant in this case have...
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The New York Supplement, Volume 159

Law reports, digests, etc - 1916 - 1216 pages
...offender, the sentence must be modified on appeal in accordance with Code Cr. Proc. § 764, providing that after hearing the appeal the court must give...judgment without regard to technical errors or defects, and may render the judgment which the court below should have rendered. [Ed. Note.— For other cases,...
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The New York Supplement, Volume 153

Law reports, digests, etc - 1915 - 1294 pages
...counsel, who addressed the court in her behalf. Section 764 of the Code of Criminal Procedure provides : "After hearing the appeal the court must give judgment without regard to technical errors or defects which have not prejudiced the substantial rights of the defendants, and may render the judgment which...
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The New York Supplement, Volume 149

Law reports, digests, etc - 1915 - 1282 pages
...Code of Civil Procedure by providing that: "After hearing the appeal, the court [Appellate Division] must give judgment, without regard to technical errors or defects, or to exceptions wnich do not affect the substantial rights of the parties." It seems to me that this is an error which...
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The New York Supplement, Volume 178

Law reports, digests, etc - 1920 - 1070 pages
...and without opinion, under section 542 of the Code of Criminal Procedure; the section providing that the court must give judgment without regard to technical errors or defects or exceptions which do not affect the substantial rights of the parties. 226 NY 587, 123 NE 883. The defendant...
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The New York Supplement, Volume 168

Law reports, digests, etc - 1918 - 1258 pages
...by section 1317 of the Code of Civil Procedure to "give judgment, without regard to technical error or defects, or to exceptions which do not affect the substantial rights of the parties." Under the circumstances of the case, the error in the charge of which I have spoken...
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The New York Supplement, Volume 140

Law reports, digests, etc - 1913 - 1288 pages
...their verdict. The court therefore is required by section 542 of the Code of Criminal Procedure to give judgment without regard to technical errors or defects or to exceptions whkh do not affect the substantial rights of the parties. The crime was alleged to have been committed...
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