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accused acid admissible affidavit alleged answer appeal application arrest asked authorized called cause character charge circumstances claim Code committed conspiracy constitute continuance contract conviction counsel court crime criminal death defendant defendant's determine direct district attorney doubt duty effect entered error established evidence examination exception fact fendant follows further give given grand jury ground guilty held indictment intent issue judge judgment jurors justice killing matter means ment motion murder N. Y. Cr necessary objection offense officer opinion party permitted person present prisoner Procedure proceeding procure produced proof proper properly prosecution prove provisions question reason received record reference refused relation reversed rule statement statute street sufficient taken tending testified testimony tion told trial unless verdict wife witness York
Seite 9 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Seite 217 - ... read it, and state the plea of the defendant to the jury, and in cases where it charges a previous conviction, and the defendant has confessed the same, the clerk in reading it shall omit therefrom all that relates to such previous conviction. In all other cases this formality may be dispensed with 2.
Seite 154 - No indictment is insufficient nor can the trial, judgment, or other proceedings thereon be affected, by reason of an imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Seite 557 - Neither a departure from the form or mode prescribed by this Code, in respect to any pleadings or proceedings, nor an error or mistake therein, renders it invalid, unless it have actually prejudiced the defendant, or tend to his prejudice, in respect to a substantial right.
Seite 48 - After hearing the appeal, the court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties.
Seite 429 - The indictment or information must be set aside by the court in which the defendant is arraigned, upon his motion, in either of the following cases.
Seite 75 - That the act or omission charged as the offense, is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case.
Seite 394 - ... could not have been discovered before the trial by the exercise of due diligence...
Seite 180 - No indictment or information is insufficient, nor can the trial, judgment, or other proceedings thereon be affected by reason of any defect or imperfection in matter of form which does not tend to the prejudice of a substantial right of the defendant upon its merits.