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" If it appear by the testimony, that the facts proved constitute a crime of a higher nature than that charged in the indictment, the court may direct the jury to be discharged, and all proceedings on the indictment to be suspended, and may order the defendant... "
Reports of Cases Determined in the Supreme Court of the State of California - Page 333
by California. Supreme Court - 1875
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...If it appear by the testimony, that the facts proved constitute an offence of a higher nature than that charged in the indictment, the court may direct...or continued on or admitted to bail, to answer any new indictment which may be found against him for the higher offence. • § 478. If an indictment...
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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 - Criminal procedure - 1850 - 558 pages
...If it appear by the testimony, that the facts proved constitute an offence of a higher nature than that charged in the indictment, the court may direct...or continued on or admitted to bail, to answer any new indictment which may be found against him for the higher offence. § 458. If an indictment for...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...379. If it appear by the testimony that the facts proved constitute an offence of a higher nature than that charged in the indictment, the court may direct...discharged, and all proceedings on the indictment to be superseded, and may order the defendant to be committed or continued on, or admitted to bail, to answer...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...If it appear by the testimony that the facts proved constitute an órlense of a higher nature than that charged in the indictment, the court may direct...or continued on, or admitted to bail, to answer any new indictment which may be found against him for the higher oflense. Sec. 380. If an indictment for...
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Provisional Laws and Joint Resolutions Passed at the First and Called ...

Colorado, Jefferson Territory - Civil law - 1860 - 312 pages
...If it appear, by the testimony, that the facts proved constitute an offence of a higher nature than that charged in the indictment, the court may direct...suspended, and may order the defendant to be committed, or continue on bail to answer any new indictment which may be found against him for the higher offence....
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Laws of the Territory of Idaho

Idaho - Law - 1864 - 734 pages
...365. If it appear by the testimony that the facts proved constitute an offence of a higher nature than that charged in the indictment, the court may direct the jury to be discharged, and all proceeding on the indictment to be suspended, and may order the defendant to be committed or continued...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1864 - 762 pages
...365. If it appear by the testimony that the facts proved constitute an offence of a higher nature than that charged in the indictment, the court may direct the jury to be discharged, and all proceeding on the indictment to be suspended, and may order the defendant to be committed or continued...
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The General Laws of the State of California, from 1850 to 1864, Inclusive ...

California, Theodore Henry Hittell - Law - 1865 - 662 pages
...Proceedings offense of a higher nature than that charged in the indictment, the court may direct ™е£^^Ц' the jury to be discharged, and all proceedings on the indictment to be superseded, culirsoii proved. and may order the defendant to be committed or continued on, or admitted...
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The Penal Code of California, Volume 4

California - Criminal law - 1872 - 698 pages
...than the offense charged in asc the complaint, the Court may order the defendant to be committed/or admitted to bail, to answer any indictment which may be found against him by the GrandJury yd\ Q^~~i Uvj(/T/VU && ^- (.UU^eX. t- y*-< 'u;^ iffi* c*K* 14gO. (§§ 611, 61f4.)...
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The Penal Code of the State of California

California - Criminal law - 1874 - 712 pages
...the indictment to be suspended, thereon. and may order the defendant to be committed or con-' tinued on, or admitted to bail to answer any indictment which...If an indictment for the higher offense is found by a Grand Jury impaneled within a year next thereafter, he must be tried thereon, and a plea of former...
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