A Treatise on the Criminal Law and Criminal Courts of the State of New York: And Upon the Jurisdiction, Duty and Authority of Justices of the Peace and Other Magistrates, and on the Power and Duty of Sheriffs, Constables, Peace Officers, Police Officers, &c., in Criminal Cases, Volume 2Banks & Brothers, 1883 |
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Page 736
... application , be not brought to trial at the next term of the court in which the indict- ment is triable , after it is found the court may , on application of the general , quash it . Thus , an indictment at 736 348 [ Book VI . INDICTMENT .
... application , be not brought to trial at the next term of the court in which the indict- ment is triable , after it is found the court may , on application of the general , quash it . Thus , an indictment at 736 348 [ Book VI . INDICTMENT .
Page 737
... application of the district attorney , and in further- ance of justice , order an action , after indictment , to be dismissed . ( Id . , § 671. ) Discontinuance or abandonment of . ] - The entry of a nolle prose- qui is abolished , and ...
... application of the district attorney , and in further- ance of justice , order an action , after indictment , to be dismissed . ( Id . , § 671. ) Discontinuance or abandonment of . ] - The entry of a nolle prose- qui is abolished , and ...
Page 738
... application to quash , must be made to the court where the bill is found ; except in cases of indictments found at the sessions , or other inferior courts , for offenses which they have no power to try ; in which case it is made to the ...
... application to quash , must be made to the court where the bill is found ; except in cases of indictments found at the sessions , or other inferior courts , for offenses which they have no power to try ; in which case it is made to the ...
Page 739
... application is made on the part of the defendant , the courts almost uniformly refuse to quash an indictment , where it appears to be for some enormous crime , such as treason or felony , ( 2 ) forgery , perjury and subornation . ( 7 ) ...
... application is made on the part of the defendant , the courts almost uniformly refuse to quash an indictment , where it appears to be for some enormous crime , such as treason or felony , ( 2 ) forgery , perjury and subornation . ( 7 ) ...
Page 740
... application of the defendant of criminal actions prosecuted by indictment , from one court to another , are abolished . ( Code Cr . Pro . , § 343. ) When removal allowed , before trial . ] A criminal action , prosecuted by indictment ...
... application of the defendant of criminal actions prosecuted by indictment , from one court to another , are abolished . ( Code Cr . Pro . , § 343. ) When removal allowed , before trial . ] A criminal action , prosecuted by indictment ...
Common terms and phrases
7th ed accused admissible admitted to bail affidavit aforesaid amended in 1882 answer appear application arrest authority Barb bastard bench warrant cause certificate challenge charge child Chit city and county clerk Code Cr Code of Criminal committed common law competent complaint constable conviction copy court of sessions court of special Cowen crime Criminal Procedure custody defendant delivered depositions directed discharged disorderly person district attorney duty elected evidence examination execution fact felony grand jury guilty habeas corpus held imprisonment indictment indorsed issued jail judge judgment jurisdiction juror magistrate misdemeanor oath offense overseers oyer and terminer party peace officer penalty police justice prescribed prisoner proceedings proof prosecution proved punishment recognizance record resides Revised Statutes sentence sheriff special sessions subpoena sufficient supreme court sureties taken testimony therein thereof tion town trial undertaking verdict voir dire warrant Wend witness York
Popular passages
Page 818 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Page 904 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 802 - If the jury persist in finding an informal verdict, from which, however, it can be clearly understood, that their intention is to find in favor of the defendant, upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given, unless the jury expressly find against the defendant, upon the issue, or judgment be given against him on a special verdict.
Page 794 - When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then be called, and if all do not appear, the rest must be discharged without giving a verdict In that event, the cause may be again tried, at the same or another term.
Page 904 - ... in the course of professional employment. 3. A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 1000 - ... 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, or from the possession of the person by whom it was used in the commission of the crime; or of any other person in whose possession it may be; 3.
Page 974 - ... justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term. Their number and classification may be regulated by law. Justices of the peace, and judges' or justices of inferior courts not of record, and their clerks, may be removed, after due notice and an opportunity of being heard by such courts as may be prescribed by law, for causes to be assigned...
Page 1001 - ... as the case may be, according to section 1533), to make immediate search on the person of CD (or in the house situated , describing it or any other place to be searched, with reasonable particularity, as the case may be...