A Practical Treatise Upon the Criminal Law and Practice of the State of New York: With an Appendix of Precedents, Designed for the Use of the Legal Profession, and All Public Officers Engaged in the Administration of Criminal Law, and as a Textbook for Students ...

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W.C. Little, 1868
 

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Special sessions in the city of Poughkeepsie XIV Special sessions in the towns of Watertown and Watervliet
44
Courts of sessions
45
City court of Brooklyn
50
Superior court of the city of Buffalo
51
Recorders court of the city of Oswego
52
Recorders court of the city of Utica
53
Court of general sessions in the city and county of New York
54
Courts of oyer and terminer
55
The Supreme Court
59
The Court of Appeals
60
CHAPTER IV
61
Of the arrest by private persons without a warrant
62
Of the arrest by an officer without a warrant
65
Of the arrest by officers with a warrant
69
As to the time and manner of making the arrest
71
Of fugitives from justice and the obtaining of requisitions for the arrest thereof upon the governors of other States
77
CHAPTER V
82
When party discharged and when to be committed
85
Recognizance to be filed VII When sureties may be required without complaint
86
Sureties for good behavior
87
Surety of the peace by convicts
88
Special provisions applicable to the city and county of New York
89
CHAPTER VI
91
Of search warrants for children detained by Shakers II Of search warrants to compel the delivery of books and papers by public officers to their succ...
92
Of search warrants issued for stolen or embezzled property
93
Of the warrant
94
Warrant to whom directed etc
95
Warrant how executed
96
Search warrant for mineral water bottles X Searching prisoners etc for property XI Of the disposition made of stolen property
98
Search warrants for property pawned
99
Search warrants for canal property
100
CHAPTER VII
101
Jurors to be summoned
102
Swearing the jury
103
Subpoenas for witnesses IV Of the examination
104
Inquisition of jury
106
Proceedings of coroner
107
Returning examination and recognizances VIII Justices when to act as coroners
109
Disposition of money found on dead bodies
110
Investigation of the origin of fires
111
CHAPTER VIII
113
83
122
Examination in such case
124
Appearance and plea
141
Witnesses and proof
142
Judgment 143
143
Execution and commitment
144
Review of proceedings
148
Disorderly persons
149
Proceedings against them
150
Breaches of recognizance
151
Prosecutions therefor
152
Keeper of jail to exhibit lists
153
Duty of court of sessions
154
Special provisions applicable to New York city
155
Beggars and vagrants
157
Persons having their faces painted or otherwise disguised
160
Profane cursing and swearing
162
The observance of Sunday
164
General provisions to enforce the prohibitions of the three last sections
166
Racing of animals 167
167
Hawkers and pedlers XXX Criminal contempts
168
Gambling
170
Other summary convictions
171
CHAPTER X
173
sion of persons charged with offences
174
Warrant to be issued
177
Warrants where executed
181
Defendant how arrested when he is in another county and the warrant is issued by a justice or alderman
182
Duty of the officer when he arrests the accused upon such indorsed warrant in another county
183
Of the officers and courts authorized to let to bail before indict ment found 200
200
Of the sufficiency and amount of bail taken the discretion of the judges to let to bail the surrender of the bail substance of the recognizance etc etc
202
Returning recognizances and examinations and how compelled
203
Power of associating another magistrate with the one before whom complaint was made
204
Compromising offences before indictment
206
SECTION III
207
Proceedings upon charge and plea
209
Trial without jury
210
Certificate how far evidence
219
OF THE PROCEEDINGS FROM THE ORGANIZATION OF THE COURT DOWN TO THE FINDING AND PRESENTMENT OF THE INDICTME...
233
The district attorneys precept for courts of oyer and terminer
234
Proclamation by crier of the court
236
Of empanneling the grand jury
237
Of the return and summoning of the grand jurors
239
Of hearing excuses by the grand jurors
240
Of talesmen for the grand jury
241
Of the oath to the grand jury
242
The judges charge
243
Of the selection of a clerk to the grand jury
244
Of the proceedings had before the grand jury
245
Of the time within which the indictment may be found
248
Of the county in which the indictment is to be found
249
Presentment of the indictment
255
SECTION II
257
Compromising certain offences after indictment found
258
Discharged and acquitted prisoners not to pay fees
259
Bringing the prisoner from the court to the jail
260
Bench warrant how directed
261
Of the arrest of the defendant when he has fled from the State
262
207
263
Persons imprisoned on conviction may be arraigned and tried for an offence committed in prison
264
Defendant entitled to copy of the indictment
265
209
289
Of the removal of indictments from the court of oyer
322
84
323
SECTION
327
86
328
210
333
That the juror has passed upon the same question
350
107
362
109
363
111
365
OF WRITS OF ERROR AND CERTIORARI AND OF MOTIONS
371
Motion in arrest of judgment
386
Judgment
389
SECTION V
418
OF EXCEPTIONS AND BILLS OF EXCEPTIONS
428
SECTION II
441
BOOK II
477
SECTION PAGE XVIII Embezzlement
546
Enlisted men defrauding and drugging of
555
Escapes from prison and prison breach
557
False pretences and falsely personating others
559
Forgery
567
Gamblers
589
Homicide
590
Incest
620
Larceny
622
Mayhem
669
Malicious injury to railroads
670
Producing pretended heir
671
Perjury
673
Rape
684
Receiving property which has been stolen or embezzled
695
XXXVII Robbery
698
Seduction under promise of marriage
712
Substituting child
714
Treason
715
Violation of election and registry laws
716
Violating graves etc
717

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Side 686 - It is true that rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered that it is an accusation easily to be made and hard to be proved and harder to be defended by the party accused, though never so innocent.
Side 240 - No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service; and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indictment of a grand jury...
Side 485 - Although it is provided (Ib., 989, §40) that "the term ' felony,' when used in this act, or in any other statute, shall be construed to mean an offence for which the offender, on conviction, shall be liable by law to be punished by death, or by imprisonment in a State Prison...
Side 615 - Every person who shall administer to any woman pregnant with a quick child any medicine, drug or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter.
Side 407 - ... county jail not exceeding one year, or by a fine not exceeding five thousand dollars and not less than one thousand dollars, or by both such fine and imprisonment.
Side 672 - Provided always, that if upon the Trial of any Person indicted for such Misdemeanor it shall be proved that he obtained the Property in question in any such Manner as to amount in Law to Larceny, he shall not by reason thereof be entitled to be acquitted of such Misdemeanor; and no such Indictment shall be removable by Certiorari; and no Person tried for such Misdemeanor shall be liable to be afterwards prosecuted for Larceny upon the same Facts.
Side 676 - It is undoubted law that the rule for jurisdiction is that nothing* shall be intended to be out of the jurisdiction of a superior Court but that which specially appears to be so...
Side 545 - For decoying, taking, or enticing away a child under the age of twelve years, with intent to detain and conceal it from its parent, guardian, or other person having the lawful charge of the child; 3.
Side 510 - Every person who takes any woman unlawfully, against her will, and by force, menace, or duress, compels her to marry him, or to marry any other person, or to be defiled ,is punishable by imprisonment in the state prison not less than two nor more than fourteen years.
Side 610 - When committed by accident and misfortune, in lawfully correcting a child or servant, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent; 2.

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