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 ...

Cover
W.C. Little, 1868
 

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Inhalt

Courts of sessions
45
OF WRITS OF ERROR AND CERTIORARI AND OF MOTIONS
48
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 00
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
Subpænas for witnesses
104
Inquisition of jury
106
Proceedings of coroner
107
Returning examination and recognizances
108
VIII 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 against father out of county
116
Proceedings upon failure to execute bond
118
Adjournment of proceedings
119
Of the penalty of bonds
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
Appearance and plea
141
Witnesses and proof
142
Judgment 143
143
Execution and commitment
144
Review of proceedings
148
Disorderly persons
149
Proceedings against them
150
Breaches of recognizance
151
Prosecutions therefor
152
Keeper of jail to exhibit lists
153
Expenses how defrayed
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
167
Hawkers and pedlers XXX Criminal contempts
168
Gambling
170
Other summary convictions
171
CHAPTER X
173
Public officers authorized to issue warrants for the apprehen sion of persons charged with offences
174
Warrant to be issued
177
indorsed warrant in another county
183
SECTION III
207
Certificate how far evidence
219
OF THE PRACTICE AND PROCEEDINGS IN COURTS OF OYER AND TERMINER AND COURTS OF SESSIONS UPON THE FINDING PRESE...
233
Hearing on the return by the court of sessions
234
Proclamation by crier of the court
236
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
SECTION PAGE XXXI Motion to quash by the prosecutor
268
The plex of nolle contendere
287
Of replications to special pleas and joinders to demurrers
288
Power of courts of oyer and terminer and courts of sessions to bail prisoners
289
In such cases recognizances to be filed
291
Of the discretionary power to bail
292
Of the amount of bail required
296
Of the surrender of the prisoner by his bail
297
General requisites and validity of recognizances
298
Recognizances how taken
300
Of the lien of recognizances upon real estate
301
Recognizance when forfeited
302
Estreating the recognizance
303
Forfeited recognizances how remitted
304
Suits on recognizances
305
Postponing the trial on the defendants application
306
Trial postponed by neglect of prosecutor
312
Witnesses in such cases to be attached and prosecutod for failure to appear
314
Prisoners when not to be removed by habeas corpus during session of oyer and terminer
315
Witnesses in a foreign country
316
Prisoners may also be brought before courts as witnesses 817
317
Commissioners for witnesses
318
Of the examination of witnesses conditionally for the defendant
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
That the juror has passed upon the same question while serving in some other capacity
350
f Social and civil connections
351
Propter delictum
352
To the array
353
Challenge to the polls how disposed of
354
Of the summoning of talesmen as petit jurors
358
Swearing the jurors
359
Ordering witnesses to withdraw
360
Compelling the district attorney to elect on which of several counts in the indictment he will proceed
362
Opening of the case by the district attorney
363
Discharging one of several defendants
365
Of the adjournment of court during the trial
366
Of the separation of the jury during the trial
367
The judges charge to the jury
368
The deliberations of the jury
371
Retirement of the jury
373
Of discharging the jury in case of their inability to agreo
374
Rendition of the verdict
375
Verdict on several counts of the indictment
378
Verdict against one of several defendants
380
Verdict for a less offence than is charged
381
Verdict shall not be for an attempt when offence is perpetrated
384
Polling the jury
385
Motion in arrest of judgment
386
SECTION IV
389
Of the sentence or judgment
392
Sentence to expire between March and November
393
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
Punishment of accessories before the act and principals in the second degree
413
Punishment of persons committing second offence after previous conviction of a felony
414
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
Of the defendants right to make exceptions on the trial of
428
SECTION II
441
BOOK II
477
Abduction of children
505
SECTION PAGE XVIII Embezzlement
546
Enlisted men defrauding and drugging of
555
Escapes from prison and prison breach
557
False pretences and falsely personating others
559
Forgery
567
Gamblers
589
Homicide
590
Incest
620
Larceny
622
Mayhem
669
Malicious injury to railroads
670
Producing pretended heir
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

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Seite 680 - It is true that rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered that it is an accusation easily to be made and hard to be proved and harder to be defended by the party accused, though never so innocent.
Seite 234 - 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...
Seite 479 - 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...
Seite 609 - 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.
Seite 401 - ... 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.
Seite 666 - 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.
Seite 670 - It is undoubted law that the rule for jurisdiction is that nothing* shall be intended to be out of the jurisdiction of a superior Court but that which specially appears to be so...
Seite 539 - 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.
Seite 504 - 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.
Seite 604 - When committed by accident and misfortune, in lawfully correcting a child or servant, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent; 2.

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