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 ...

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W.C. Little, 1868
 

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55
55
28
59
Of the arrest by private persons without a warrant
62
Of the arrest by an officer without a warrant
65
29
66
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
Proceedings on the recognizance
86
When recognizance deemed broken
87
Surety of the peace by convicts
88
2835
89
17
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
Subpoenas for witnesses
104
Of the examination
105
77
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
Mother of bastard compelled to testify
124
CHAPTER IX
136
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
82
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
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
whom complaint was made
204
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
Payment and accounting for fines
218
Certificate how far evidence
219
Fees of justices in criminal cases and of courts of special sessions
223
CHAPTER XI
225
Who to allow certiorari
227
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
232
The district attorneys precept for courts of oyer and terminer
234
Of the removal of indictments from the court of oyer and terminer to the Supreme Court before trial
322
84
323
SECTION III
327
86 86
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
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
Challenges how made
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 agree
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
Sentence when there are several convictions at the same time
394
Commissioners for witnesses
397
Copies of sentence when to be furnished sheriff and his duty
400
Punishment of persons committing second offence after previous
414
Application for pardon
421
SECTION I
428
SECTION II
441
BOOK II
477
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
Burglary
605
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
Crime against nature
706
Seduction under promise of marriage
712
Substituting child
714
Treason
715
Violation of election and registry laws
716
Violating graves etc
717
Compounding felonies
729
Orders of continuance
750

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Страница 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.
Страница 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...
Страница 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...
Страница 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.
Страница 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.
Страница 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.
Страница 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...
Страница 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.
Страница 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.
Страница 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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