A Practical Treatise Upon the Criminal Law and Practice of the State of New York: With an Appendix of Precedents, Designed for the Use of the Legal Profession, and All Public Officers Engaged in the Administration of Criminal Law, and as a Textbook for Students ...

John H. Colby

W.C. Little, 1868

Preview this book »

Selected pages

Title Page

Table of Contents

Index

OF THE PERSONS CAPABLE OF COMMITTING CRIMES	1

the power of others	10

CHAPTER II	16

to attempt the commission of them in cases where the offence	28

xiii	29

SECTION PAGE IV Special sessions in the city of Albany	38

Special sessions in the city of Oswego	39

Special sessions in the county of Monroe	40

Service of the writ and affidavit on the magistrate	228

Service of papers and notice of argument	229

Staying execution on conviction	230

Proceedings on the recognizance	231

Proceedings on the judgment	232

OF THE PRACTICE AND PROCEEDINGS IN COURTS OF OYER AND TERMINER AND COURTS OF SESSIONS UPON THE FINDING PRESE...	233

The district attorneys precept for courts of oyer and terminer	234

Proclamation by crier of the court	236

Special sessions in the city of Hudson	41

Special sessions in the village of Lansingburgh	43

Special sessions in the city of Williamsburgh	44

Courts of sessions	45

City court of Brooklyn	50

Superior court of the city of Buffalo	51

Recorders court of the city of Oswego	52

Recorders court of the city of Utica	53

Court of general sessions in the city and county of New York	54

Courts of oyer and terminer	55

The Supreme Court	59

The Court of Appeals	60

CHAPTER IV	61

Of the arrest by private persons without a warrant	62

Of the arrest by an officer without a warrant	65

Of the arrest by officers with a warrant	69

As to the time and manner of making the arrest	71

Of fugitives from justice and the obtaining of requisitions for the arrest thereof upon the governors of other States	77

CHAPTER V	82

Of the complaint	83

When warrant to issue	84

When party discharged and when to be committed	85

Recognizance to be filed	86

When recognizance deemed broken	87

Surety of the peace by convicts	88

Special provisions applicable to the city and county of New York	89

CHAPTER VI	91

Of search warrants for children detained by Shakers	92

Of search warrants issued for stolen or embezzled property	93

Of the warrant	94

Warrant to whom directed etc	95

Warrant how executed	96

Search warrant for mineral water bottles	97

Searching prisoners etc for property	98

Search warrants for property pawned	99

Search warrants for canal property	100

CHAPTER VII	101

Jurors to be summoned	102

Swearing the jury	103

Subpœnas for witnesses	104

Of the examination	105

Inquisition of jury	106

Proceedings of coroner	107

Returning examination and recognizances	108

Justices when to act as coroners	109

Disposition of money found on dead bodies	110

Investigation of the origin of fires	111

Who are bastards	114

Application to justice	115

Proceedings upon failure to execute bond 118	120

Bend to be entered into and costs paid by person adjudged reputed father	121

When father to be discharged and when committed	123

Examination in such case	124

Proceedings in case of refusal	125

SECTION II	127

Notice of the appeal	128

Proceedings on the hearing of the appeal	129

When court of sessions may make original order	131

Proceedings when order quashed for informality	132

Of the costs of the appeal	133

Proceedings on bonds taken for appearance at sessions and for support of bastards etc	134

CHAPTER IX	136

The complaint	138

The warrant	140

SECTION PAGE III Appearance and plea	141

Witnesses and proof	142

Judgment	143

Records of conviction	144

Execution and commitment	147

Review of proceedings	148

Disorderly persons	149

Proceedings against them	150

Record of conviction and commitment	151

Prosecutions therefor	152

Keeper of jail to exhibit lists	153

Duty of court of sessions	154

Special provisions applicable to New York city	155

Beggars and vagrants	157

Persons having their faces painted or otherwise disguised	160

Profane cursing and swearing	162

The observance of Sunday	164

General provisions to enforce the prohibitions of the three last sections	166

Racing of animals	167

Criminal contempts	168

Gambling	170

Other summary convictions	171

CHAPTER X	173

sion of persons charged with offences	174

Duty of magistrate upon complaint being made	175

Warrant to be issued	177

SECTION III	207

SECTION PAGE XXXIII When jury trial to be had	210

Summoning the jury	211

New venire	212

Proofs to the jury and their deliberation	214

Verdict	215

Of the acquittal of the defendant and concerning costs	216

Judgment how executed	217

Special provisions in relation to courts of special sessions in the city and county of New York 219	220

Fees of justices in criminal cases and of courts of special sessions	223

CHAPTER XI	225

Who to allow certiorari	227

Of empanneling the grand jury	237

Of the grand jury	238

Of the return and summoning of the grand jurors	239

Of hearing excuses by the grand jurors	240

Of talesmen for the grand jury	241

Of the oath to the grand jury	242

The judges charge	243

Of the selection of a clerk to the grand jury	244

Of the proceedings had before the grand jury	245

Of the time within which the indictment may be found	248

Of the county in which the indictment is to be found	249

Presentment of the indictment	255

SECTION II	257

Compromising certain offences after indictment found	258

Discharged and acquitted prisoners not to pay fees	259

Bringing the prisoner from the court to the jail	260

Bench warrant how directed	261

Of the arrest of the defendant when he has fled from the State	262

Of the arraignment of the defendant	263

Persons imprisoned on conviction may be arraigned and tried for an offence committed in prison	264

Defendant entitled to copy of the indictment	265

In such cases recognizances to be filed	291

Suits on recognizances	304

Trial postponed by neglect of prosecutor	312

Commissioners for witnesses	318

sessions to the court of oyer and terminer	319

Contents of the application	321

Of the removal of indictments from the court of oyer and terminer to the Supreme Court before trial	322

Proceedings after removal into Supreme Court	323

SECTION III	327

Of the trial of the indictment	328

Defendant to be present at trial	329

Proceedings when prisoner is insane at the trial	331

Of the right of trial by jury	332

Of the return and summoning of jurors	333

Of the qualifications of jurors and discharging and excusing them from jury duty	334

a What jurors to be discharged	337

b What jurors to be excused	339

Clerks address to prisoner before calling the jury	340

Of the kinds of challenge allowed to the people	341

Of the kinds of challenge allowed to the prisoner	342

Of challenges to the array	343

Of challenge to the polls	344

Propter honoris respectum	345

Property qualification in certain counties	346

a Bias on the jurors mind on the question whether or not the prisoner is guilty	347

b Bias which comes from relationship	349

The challenge to the polls	351

Of the summoning of talesmen as petit jurors	358

Of the adjournment of court during the trial	366

Retirement of the jury	373

Verdict for a less offence than is charged	381

Motion in arrest of judgment	389

SECTION PAGE CXXXI Sentence when there are several convictions at the same time	394

Persons under sixteen years of age may be sentenced to the house of refuge	395

Persons over sixteen and under twentyone years of age may be sentenced to the penitentiary instead of State prison	396

Of the disqualifications consequent upon sentence	398

Copies of sentence when to be furnished sheriff and his duty thereon	400

Entering judgment in the minutes	401

Records of judgment	402

Of the punishment for felonies	403

Punishment for misdemeanors	412

SECTION IV	413

Punishment of persons convicted in this State after previous conviction in other States or foreign territory	416

Persons confined for fines when discharged if unable to pay fine	417

SECTION V	418

Reprieve of convicts	420

Application for pardon	421

Of making and filing statements of conviction	422

District attorney to furnish statement of conviction	423

Statement to be made by sheriff in relation to convictions	424

District attorney to file minutes of evidence	425

indictment	427

Defendant not appearing after judgment	447

OF THE SENTENCE AND PUNISHMENT	451

Writ to be filed	453

SECTION PAGE	456

BOOK II	479

Arson	487

SECTION PAGE XVIII Embezzlement	546

Enlisted men defrauding and drugging of	555

Escapes from prison and prison breach	556

False pretences and falsely personating others	559

Forgery	567

Gamblers	589

Homicide	590

Incest	620

Larceny	622

Mayhem	669

Malicious injury to railroads	670

Passenger tickets upon steamboats and other vessels	671

Perjury	673

Rape	684

Receiving property which has been stolen or embezzled	695

Robbery	698

Seduction under promise of marriage	712

Substituting child	714

Treason	715

Violation of election and registry laws	716

Violating graves etc	717

Custody of defendant	733

Pronouncing the sentence	758

Other editions - View all

A Practical Treatise Upon the Criminal Law and Practice of the State of New ...
John H. Colby
Full view - 1868

A Practical Treatise Upon the Criminal Law and Practice of the State of New ...
John H Colby
No preview available - 2015

A Practical Treatise Upon the Criminal Law and Practice of the State of New ...
John H. Colby
No preview available - 2019

View all »

Common terms and phrases

accused affidavit Aldermen appear application apprehend arrest attendance authority Barb bastard bench warrant Blac bond cause certified certiorari child Chit city and county clerk committed common law complaint constable conviction coroner county judge Court of Oyer court of sessions court of special crime criminal custody deemed defendant discharge disorderly persons district attorney duty examination execute felony filed grand jury guilty habeas corpus Hale Hawk hear held imprisonment indictment inquest issued jail judgment jurisdiction jurors larceny let to bail magistrate manner ment misdemeanor nolle prosequi oath offence charged officer order of filiation Oyer and Terminer Park party peace person charged plea police justices prisoner proceedings prosecution provisions punishment quash recognizance record Recorder's Court refuse requisition Revised Statutes Russ SEARCH WARRANTS SECTION sheriff special sessions stolen subpœna summoned Supreme Court sureties taken therein thereof tion town trial Vide Wend witnesses writ York

Popular passages

Page 238 - No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service; and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indictment of a grand jury...‎

Appears in 334 books from 1821-1998

Page 483 - Although it is provided (Ib., 989, §40) that "the term ' felony,' when used in this act, or in any other statute, shall be construed to mean an offence for which the offender, on conviction, shall be liable by law to be punished by death, or by imprisonment in a State Prison...‎

Appears in 101 books from 1829-2004

Page 613 - Every person who shall administer to any woman pregnant with a quick child any medicine, drug or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter.‎

Appears in 195 books from 1829-2005

Page 405 - ... county jail not exceeding one year, or by a fine not exceeding five thousand dollars and not less than one thousand dollars, or by both such fine and imprisonment.‎

Appears in 359 books from 1829-2003

Page 121 - Whenever any mandate, writ or commission is issued out of any court of record in any other state, territory, district or foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness or witnesses in this state, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this state.‎

Appears in 74 books from 1841-1985

Page 593 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...‎

Appears in 304 books from 1829-2006

Page 399 - A sentence of imprisonment in a state prison for any term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during such imprisonment.‎

Appears in 182 books from 1829-1994

Page 670 - Provided always, that if upon the Trial of any Person indicted for such Misdemeanor it shall be proved that he obtained the Property in question in any such Manner as to amount in Law to Larceny, he shall not by reason thereof be entitled to be acquitted of such Misdemeanor; and no such Indictment shall be removable by Certiorari; and no Person tried for such Misdemeanor shall be liable to be afterwards prosecuted for Larceny upon the same Facts.‎

Appears in 178 books from 1803-2005

Page 543 - For decoying, taking, or enticing away a child under the age of twelve years, with intent to detain and conceal it from its parent, guardian, or other person having the lawful charge of the child; 3.‎

Appears in 143 books from 1814-1999

Page 508 - Every person who takes any woman unlawfully, against her will, and by force, menace, or duress, compels her to marry him, or to marry any other person, or to be defiled ,is punishable by imprisonment in the state prison not less than two nor more than fourteen years.‎

Appears in 196 books from 1829-2008

Bibliographic information

Title	A Practical Treatise Upon the Criminal Law and Practice of the State of New York: With an Appendix of Precedents, Designed for the Use of the Legal Profession, and All Public Officers Engaged in the Administration of Criminal Law, and as a Textbook for Students ... Volume 1 of A Practical Treatise Upon the Criminal Law and Practice of the State of New York: With an Appendix of Precedents, Designed for the Use of the Legal Profession, and All Public Officers Engaged in the Administration of Criminal Law, and as a Textbook for Students, John H. Colby
Author	John H. Colby
Publisher	W.C. Little, 1868
Original from	the New York Public Library
Digitized	4 Nov 2006

Export Citation	BiBTeX EndNote RefMan

About Google Books - Privacy Policy - Terms of Service - Information for Publishers - Report an issue - Help - Google Home