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according accused action allowed answer appeal application arrest authority bail brought cause certificate challenge CHAPTER charged civil clerk commission Commissioners committed common conformity constitution contained conviction copy counsel court of sessions criminal custody death deemed defendant depositions 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 objection offence officer opinion oyer and terminer party peace person plea pleading practice prescribed present principle prison proceed 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 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.
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.
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 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.
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.
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.
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...
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.