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according accused action admitted allowed answer appear application arrest authority bail brought cause certified challenge CHAPTER charge civil clerk Commissioners committed common conformity constitution contained conviction copy counsel Crim criminal custody death deemed defendant depositions designated direct discharged district attorney duty effect evidence examination exceptions execution existing fact felony filed give given grand jury ground guilty held indictment issue judge judgment jurisdiction juror justice magistrate manner matter means ment necessary New-York notice object offence officer opinion oyer and terminer party peace person plea pleading practice prescribed present principle prison proceedings proper proposed prosecution public offence punishable question reason referred removal rendered respect rule served sheriff statement statutes substantially sufficient summoned supreme court taken term testimony thereof tion trial tried undertaking unless verdict warrant witnesses
Side 245 - A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant, on a plea of a former conviction or acquittal.
Side 229 - If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor of the defendant upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given unless the jury expressly find against the defendant upon the issue, or judgment is given against him on a special verdict.
Side 210 - A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal...
Side 7 - ... in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the Court that he is dead or insane, or cannot with due diligence be found within the state...
Side 463 - person" includes a corporation, as well as a natural person. § 956. Definition of " writing."— The term "writing" includes printing. § 958. Definition of "signature." — The term "signature " includes a mark, when the person cannot write ; his name being written near it, and the mark being witnessed by a person who writes his own name as a witness, except to an affidavit or deposition, or a paper executed before a judicial officer; in which case the attestation of the officer is sufficient....
Side 346 - Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve.
Side 386 - The affidavits or depositions must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist. SEC. 6. If the judge or commissioner is thereupon satisfied of the existence of the grounds of the application or that there Is probable cause to believe their existence, he must...
Side 80 - ... 1. For a public offense committed or attempted in his presence. 2. When a person arrested has committed a felony, although not in his presence. 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
Side 390 - The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken and of the applicant for the warrant, if they are present, verified by the affidavit of the officer at the foot of the inventory, and taken before the...