The Code of Criminal Procedure of the State of New York

New York (State), New York (State). Commissioners on Practice and Pleadings

Weed, Parsons, Public printers, 1850 - 486 sider

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Title of the Act	1

Definition of a public offence	2

Division of public offences	3

Public offences how prosecuted	4

Criminal action defined	6

Second prosecution for the same offence prohibited	9

No person to be a witness against himself in a criminal ac tion or to be unnecessarily restrained	10

PART I	11

General causes of challenge	193

Grounds of challenge for actual bias	195

Exemption not a ground of challenge	200

TITLE VII	204

When evidence on either side is closed court may	220

CHAPTER II	226

When special verdict defective new trial to be ordered	233

CHAPTER III	253

Of the court for the trial of impeachments 1214	12

Of the courts of oyer and terminer 1419	14

Of the courts of sessions 1928	19

CHAPTER III	25

Of the city courts 2933	29

Of the police courts 3335	33

PART II	36

Police in cities and villages and their attendance at exposed	37

Resistance by the party about to be injured	38

CHAPTER IV	44

PART III	52

OF THE PROCEEDINGS IN CRIMINAL ACTIONS PRO	61

Of the Time of commencing Criminal Actions 67	67

Of the information and proceedings thereon to the com	69

CHAPTER III	76

Arrest by a private person 82	82

ing him to answer 83103	83

time examinationto proceed	87

On adjournment defendant to he committed or discharged on deposit of money	88

Examination of witnesses to be in presence of defendant and witnesses to be crossexamined in his behalf	89

How reduced towriting and how authenticated	93

Witnesses to be kept apart	94

Testimony how taken and authenticated	95

Depositions and statement how and by whom kept	96

Defendant entitled to copies of depositions and statement	97

Defendant when and how to be discharged	98

When and how to be committed	99

Certificate of bail being taken	100

Undertaking of witnesses to appear when and how taken	101

Infants and married women may be required to give se curity for appearance as witnesses	102

TITLE IV	104

Formation of the grand jury 105115	105

Powers and duties of the grand jury 115133	115

Of the proceedings after commitment and before	129

Power of grand jury to inquire into all public offences com	129

Presentment and proceedings thereon 1331 59	133

Finding and presentation of the indictment 137139	137

Indictment not insufficient for defect of form not tending	154

Arraignment of the defendant 157162	157

CHAPTER IV	163

Demurrer 166169	166

If defendant refuse to answer indictment plea of not guilty	172

TITLE VI	176

CHAPTER III	183

sent unless placed on the calendar	184

Defendant to have four days after plea to prepare for trial if he require it	185

CHAPTER IV	186

Challenging the jury 188203	188

jury to be impanelled	191

Peremptory challenge what and how taken	192

CHAPTER II	262

of appeals 270283	270

CHAPTER III	278

Judgment upon appeal 281283	281

CRIM CODE C	289

Bail upon being held to answer before indictment 293303	293

How put in and form of the undertaking	299

ARTICLE V	306

Distinction between accessary before the fact and princi	310

Recommitment of the defendant after having given bail	312

Compelling the attendance of witnesses 315321	315

Attendance of witness for examination how compelled	326

to be furnished	335

Compromising certain public offences by leave of the court 339341	339

CHAPTER IX	346

CHAPTER XI	350

TITLE I	351

Publication of notice	354

of state	356

PART V	357

Defendant may demand a trial by jury	359

Summoning the jury and returning the list	360

Drawing the jury	361

Punishing officer for not returning list and issuing new order for jury	362

Jury may decide in court or retire Oath of officer on their retirement	363

Judgment on conviction	364

Judgment against prosecutor for costs	365

Certificate when filed	367

TITLE III	375

failure	381

Order upon judgment of reversal	382

PART IV	383

Of search warrants 391400	391

If grounds for warrant controverted magistrate to take	399

Of the outlawry of persons convicted of treason 401404	401

Of proceedings against fugitives from justice 404409	404

Of the local jurisdiction of public offences 6167	405

Application for warrant to whom made 411	412

Of proceedings respecting persons held to labor or service in a state or territory of the United States	415

Of proceedings respecting bastards 416437	416

Defi aition of a bastard	417

Proceedings against the father or mother absconding from	426

CRIM CODE	433

Of proceedings respectiag vagrants 438443	438

Of proceedings respecting disorderly persons 443450	443

Of proceedings respecting the support of poor persons 451456	451

Of proceedings respecting masters apprentices and servants 457462	457

Of criminal statistics 463466	463

Miscellaneous provisions	466

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The Code of Criminal Procedure of the State of New York
New York (State),New York (State). Commissioners on Practice and Pleadings
Uten tilgangsbegrensning - 1850

Vanlige uttrykk og setninger

according accused action admitted allowed answer appeal application arrest authority bail brought cause certificate challenge CHAPTER charge civil clerk Commissioners committed common conformity constitution conviction copy counsel court of oyer court of sessions 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 inquire issue judge judgment jurisdiction juror justice magistrate manner means ment necessary New-York notice object offence officer opinion oyer and terminer party peace person plea practice prescribed present principle prison proceed proceedings proper proposed prosecution public offence punishable question reason referred removal rendered respect rule served sheriff statutes substantially sufficient summoned supreme court taken term testimony thereof tion trial undertaking unless verdict warrant witnesses

Populære avsnitt

Side 251 - 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.

Vises i 179 bøker fra 1848-1998

Side 208 - 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...

Vises i 237 bøker fra 1848-2007

Side 229 - The verdict of a jury is either general or special. A general verdict is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant; a special verdict is that by which the jury find the facts only, leaving the judgment to the court.

Vises i 234 bøker fra 1846-1998

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...

Vises i 145 bøker fra 1848-1998

Side 151 - The act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.

Vises i 212 bøker fra 1842-2007

Side 258 - A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied ; specifying the extent of the imprisonment, which cannot exceed one day for every one dollar of the fine.

Vises i 260 bøker fra 1848-1998

Side 352 - 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.

Vises i 279 bøker fra 1821-2002

Side 51 - When the governor is satisfied that the execution of civil or criminal process has been forcibly resisted in any county, by bodies of men, or that combinations to resist the execution of process by force exist in any county, and that the power of the county has been exerted, and has not been sufficient to enable the officer having the process to execute it, he may, on the application of the officer, or of the district attorney or county judge of the county, by proclamation to be...

Vises i 77 bøker fra 1845-1972

Side 290 - If the appeal is from a judgment imposing a fine only, on the undertaking of bail that he will pay the same, or such part of it as the appellate court may direct, if the judgment is affirmed or modified, or the appeal is dismissed.

Vises i 116 bøker fra 1848-1998

Side 6 - An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.

Vises i 384 bøker fra 1777-2001

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Tittel	The Code of Criminal Procedure of the State of New York Utgave 8 av Assembly document
Forfattere	New York (State), New York (State). Commissioners on Practice and Pleadings
Utgiver	Weed, Parsons, Public printers, 1850
Original fra	New York Public Library
Digitalisert	8. nov 2006
Lengde	486 sider

Eksporter sitat	BiBTeX EndNote RefMan

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