The Code of Criminal Procedure and Penal Code of the State of New York, as in Force in the Year 1889: With Complete Notes of Decisions Containing All the Adjudications to September 1, 1889, with a Full Set of Forms, Thoroughly Revised, and Complete Index
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The Code of Criminal Procedure and Penal Code of the State of New York, as ...
New York,Russel Headley
No preview available - 2018
action affidavit aforesaid alleged allowed Amended answer appear application arrest authority bail Barb brought cause certificate challenge CHAPTER charge child clerk Code commanded commission committed complaint conviction copy counsel court of sessions crime criminal custody Dated death defendant deliver deposition direct discharged district attorney duly duty effect evidence examination execution facts felony filed give given grand jury ground guilty held hereby hundred indictment intent issued judge judgment jurisdiction jurors justice magistrate manner matter N. Y. Cr necessary notice oath offense officer oyer and terminer Park party peace person plea police present prisoner proceedings prosecution punishable reasonable receive record resides says sentence sheriff special sessions statement statute subscribed sufficient sworn taken term testimony therein thereof TITLE town trial tried undertaking unless verdict warrant Wend witness York
Page 210 - ... 2. When it was used as the means of committing a felony; in which case, it may be taken, on the warrant, from any house or other place in which it is concealed...
Page 113 - Standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or in his employment on wages.
Page 111 - For the existence of a state of mind on the part of the juror, in reference to the case, or to either party ? which satisfies the triers, in the exercise of a sound discretion, that he cannot try the issue impartially and without prejudice to the substantial rights of the party challenging, and which is known in this code as actual bias.
Page 135 - The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew ; and the former verdict cannot be used or referred to, either in evidence or In argument § 465.
Page 169 - Every officer, agent or clerk, of any corporation, or of any persons proposing to organize a corporation, or to increase the capital stock of any corporation, who knowingly exhibits any false, forged or altered book, paper, voucher, security or other instrument of evidence to any public officer or board authorized by law to examine the organization of such corporation, or to investigate its affairs, or to allow an increase of its capital, with intent to deceive such officer or board in respect thereto,...
Page 198 - He shall annually communicate to the Legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve, with his reasons for granting the same.
Page 42 - CD and bring him before me at (naming the place), or in case of my absence or inability to act, before the nearest or most accessible magistrate in this county.
Page 386 - A person is not excused from criminal liability as an idiot, imbecile, lunatic, or insane person, except upon proof that, at the time of committing the alleged criminal act, he was laboring under such a defect of reason as: 1. Not to know the nature and quality of the act he was doing; or, 2. Not to know that the act was wrong.
Page 87 - In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the offense was committed, and in what court and before whom the oath alleged to be false was taken, and that the court, or the person before whom it was taken, had authority to administer it...
Page 126 - After the jury have retired for deliberation, if there be a disagreement between them, as to any part of the testimony, or if they desire to be informed of a point of law arising in the cause, they must require the officer to conduct them into court. Upon their being brought into court, the information required must be given after notice to the district attorney and to the counsel for the defendant, and in cases of felony, in the presence of the defendant.