The Code of Criminal Procedure of the State of New York

Front Cover
Weed, Parsons, Public printers, 1850 - 486 pages
 

Contents

Organization and regulation of the police
43
PART III
52
OF THE PROCEEDINGS IN CRIMINAL ACTIONS PRO
61
SECTION 140
67
Person complained of when to be discharged
69
CHAPTER III
76
Proceedings in sessions on appearance of both parties
77
Arrest by a private person
82
ing him to answer 83103
83
to counsel
87
On adjournment defendant to he committed or discharged on deposit of money
88
Examination of witnesses to be in presence of defendant and witnesses to be crossexamined in his behalf
89
How reduced towriting and how authenticated
93
Witnesses to be kept apart
94
Testimony how taken and authenticated
95
Depositions and statement how and by whom kept
96
Defendant entitled to copies of depositions and statement
97
Defendant when and how to be discharged
98
When and how to be committed
99
Certificate of bail being taken
100
Undertaking of witnesses to appear when and how taken
101
Service how made
102
Public offences how prosecuted
104
Formation of the grand jury 105115
105
Twothirds necessary to conviction
108
Impeachment not a bar to indictment
115
Form of the objection
121
When and from whom they may ask advice and who
132
Presentment and proceedings thereon 1331
133
Of an indictment against an accessary after the fact
137
Defendant must be arraigned in the court in which indict
157
Proceedings on taking bail from the defendant in such case
160
CHAPTER IV
163
Demurrer
166
Authority of the court to which indictment is removed
176
When and how ordered Affidavits to be filed
186
TITLE VII
204
CHAPTER II
226
If sixteen grand jurors do not appear additional number
228
Summoning the new grand jury and compelling their
234
Bill of exceptions
237
Manner of taking and trying the challenges
240

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Common terms and phrases

Popular passages

Page 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.
Page 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...
Page 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.
Page 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...
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.
Page 6 - 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.

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