New York Code of Criminal Procedure: Containing the Code of Criminal Procedure, Inferior Criminal Courts Act of the City of New York, Children's Court Act of the State of New York and Children's Court Act of the City of New York, Thoroughly Annotated, as Amended to and Including the 1928 Session of the Legislature |
Common terms and phrases
35 Misc 60 Misc accused aff'd aff'g affidavit alleged amended Appellate Division application arrest bail certificate of reasonable challenge City Prison clerk commission committed constitute counsel county court Court of Appeals court of special custody defendant defendant's demurrer denied deposit dictment discharged dismissed dissenting opinion district attorney error evidence ex rel examination execution facts February 17 felony fendant filed grand jury grand larceny granted ground guilty habeas corpus indictment issue judge judgment of conviction June 21 jurisdiction juror justice magistrate ment misdemeanor motion N. Y. Ann N. Y. Cr N. Y. St offense officer peace person plea plead police probation proceedings proof prosecution provisions reasonable doubt rev'd rev'g reversed Section cited sentence special sessions statute Subd subdivision subpoena sufficient supreme court surety taken testimony thereof tion trial verdict violation Warden of City warrant witness York
Popular passages
Page 191 - 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.
Page 247 - For the purpose of surrendering the defendant, the bail, at any time before they are finally discharged, and at any place within the Canal Zone, may themselves arrest him, or by a written authority, indorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so.
Page 100 - Words used in a statute to define a public offense need not be strictly pursued in the indictment or information, but other words conveying the same meaning may be used. 1880 — 13. 959. The indictment or information is sufficient if it can be understood therefrom: 1. That it is entitled in a court having authority to receive it, though the name of the court be not stated.
Page 266 - 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 294 - If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken.
Page 266 - 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.
Page 257 - When the interrogatories and cross-interrogatories are presented to the court or judge, according to the notice given, the court or judge must modify the questions so as to conform them to the rules of evidence, and must indorse upon them his allowance and annex them to the commission.
Page 169 - The jury must also, at each adjournment of the court, whether permitted to separate or kept in charge of officers, be admonished by the court that it is their duty not to converse among themselves or with anyone else on any subject connected with the trial, or to form or express any opinion thereon until the cause is finally submitted to them.
Page 292 - The affidavits or depositions must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist.
Page 173 - When a defendant, who has given bail, appears for trial, the court may, in its discretion, at any time after his appearance for trial, order him to be committed to the custody of the proper officer of the county, to abide the judgment or further order of the court ; and he must be committed and held in custody accordingly.