The Code of Criminal Procedure of the State of New YorkWeed, Parsons, Public printers, 1850 - 486 sider |
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Side xxix
... questions of law arising during trial , 475. On indictment for libel , jury to determine law and fact , ... 476. In all other cases , court to decide questions of law , sub- ject to right of defendant to except , .. ...... 477. In ...
... questions of law arising during trial , 475. On indictment for libel , jury to determine law and fact , ... 476. In all other cases , court to decide questions of law , sub- ject to right of defendant to except , .. ...... 477. In ...
Side xxxviii
... question of insan- ity determined , ............... . 336 724. Order of the trial of the question of insanity , ... 725. Charge of the court , 336 337 337 ...... pronounced , ... 727. If found insane , trial or judgment suspended , and ...
... question of insan- ity determined , ............... . 336 724. Order of the trial of the question of insanity , ... 725. Charge of the court , 336 337 337 ...... pronounced , ... 727. If found insane , trial or judgment suspended , and ...
Side 7
... question was adopted , mainly with reference to a class of cases , where persons from other states were the victims of fraud or inpositions in that city , indictable as public offences ; and provided for the examination of a witness ...
... question was adopted , mainly with reference to a class of cases , where persons from other states were the victims of fraud or inpositions in that city , indictable as public offences ; and provided for the examination of a witness ...
Side 13
... ; and no member of the court can act or vote upon the impeach- ment , or any question arising thereon , without having CRIMINAL PROCEDURE 13 Presiding judge, Clerk and officers, Time of holding the court, Oath to members of the court,
... ; and no member of the court can act or vote upon the impeach- ment , or any question arising thereon , without having CRIMINAL PROCEDURE 13 Presiding judge, Clerk and officers, Time of holding the court, Oath to members of the court,
Side 14
... question arising thereon , without having taken this oath or affirmation . Substantially the same as 2 R. S. , 3d ed . 224 ; except that the word " impeachment " on the 6th line , has been substituted instead of the words " the charge ...
... question arising thereon , without having taken this oath or affirmation . Substantially the same as 2 R. S. , 3d ed . 224 ; except that the word " impeachment " on the 6th line , has been substituted instead of the words " the charge ...
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Vanlige uttrykk og setninger
accused acquittal admitted to bail affidavit appear application bench warrant bill of exceptions cause certified challenge CHAPTER city and county city court city of New-York civil clerk Commissioners committed common law conformity constitution conviction counsel county of New-York court of oyer court of sessions Crim custody Declaratory deemed defendant demurrer depositions dictment direct discharged district attorney duty evidence examination execution existing practice fact felony fendant filed grand jury guilty impeachment imprisonment indictment issue judgment jurisdiction juror justice last section last two sections magistrate ment misdemeanor oath offence charged oyer and terminer party peremptory challenges perjury person plea pleading prescribed present presiding judge prison proceedings proper prosecution provided in section public offence punishable with death reason removal render respect rule sheriff sufficient summoned supreme court sworn taken testimony therein thereof tion trial triers undertaking unless verdict William Green 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.
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...
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 5 - ... 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 49 - 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.
Side 4 - 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.