The Code of Criminal Procedure [and Penal Code] of the State of New York, as Amended, and in Force at the Close of the One Hundred and Fourteenth Session of the LegislatureH.B. Parsons, 1891 - 1069 páginas |
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Página 7
... manslaughter upon an indictment for murder , was not a bar to another trial under the same indictment , for the higher offense . See exhaustive note to this case , collating the authorities . A statute providing that a person shall be ...
... manslaughter upon an indictment for murder , was not a bar to another trial under the same indictment , for the higher offense . See exhaustive note to this case , collating the authorities . A statute providing that a person shall be ...
Página 104
... manslaughter in the second degree was found for the same assault . Held , that it was not necessary to obtain leave of the court before submitting to the grand jury the complaint on which it found said indictment . That a conviction ...
... manslaughter in the second degree was found for the same assault . Held , that it was not necessary to obtain leave of the court before submitting to the grand jury the complaint on which it found said indictment . That a conviction ...
Página 115
... manslaughter . United States v . Harding , 1 Wall . Jr. 127 ; Mack v . State , 32 Miss . 406 . If the act is indivisible , such as conspiracy or riots , then one cannot be con- victed without the other . Stephens v . State , 14 Ohio ...
... manslaughter . United States v . Harding , 1 Wall . Jr. 127 ; Mack v . State , 32 Miss . 406 . If the act is indivisible , such as conspiracy or riots , then one cannot be con- victed without the other . Stephens v . State , 14 Ohio ...
Página 218
... manslaughter where there is no reasonable doubt of the pris- oner's guilt , bail will not be allowed . Ex parte Tayloe , 5 Cow . 39 . Even in a capital case bail ought to be allowed , unless the proof be evident and the presumption ...
... manslaughter where there is no reasonable doubt of the pris- oner's guilt , bail will not be allowed . Ex parte Tayloe , 5 Cow . 39 . Even in a capital case bail ought to be allowed , unless the proof be evident and the presumption ...
Términos y frases comunes
acquittal adjournment admitted to bail affidavit aforesaid alleged appear application arrest Barb bastard bench warrant cause certificate challenge CHAPTER city and county city court clerk Code of Criminal commission committed complaint conviction coroner counsel court of oyer court of sessions court of special criminal action Criminal Procedure custody defendant deliver deposition discharged disorderly person district attorney duly sworn evidence ex rel examination execution felony filed forthwith grand jury guilty impeachment imprisonment indictment indorsed issued John Doe judgment jurisdiction jurors last section magistrate ment misdemeanor N. Y. Cr oath offense oyer and terminer Park party peace officer Peace or Police peremptory challenges plea plead Police Justice prisoner Proc proceedings prosecution provided in section punishment RENSSELAER COUNTY sheriff special sessions statute subpœna Subscribed and sworn sufficient summoned supreme court sureties taken testimony therein thereof tion trial undertaking verdict Wend witness York
Pasajes populares
Página 173 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Página 184 - 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, or be pleaded in bar of any conviction which might have been had under the indictment.
Página 150 - 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...
Página 18 - No act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act.
Página 169 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.
Página 282 - A person, who finds lost property under circumstances which give him knowledge or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person who is not entitled thereto, without having first made every reasonable effort to find the owner and restore the property to him, is guilty of larceny.
Página 49 - But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, except for perjury in giving such testimony.
Página 302 - 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,...
Página 259 - Upon an information or presentment against a corporation, the magistrate must issue a summons, signed by him, with his name of office, requiring the corporation to appear before him, at a specified time and place, to answer the charge, the time to be not less than ten days after the issuing of the summons.
Página 57 - oath," as used in the last two sections, includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated.