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 - Criminal law
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Contents

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
Subpoenas for witnesses
104
Of the examination
105
Inquisition of jury 106
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
CHAPTER VIII
113
SECTION I
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
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
167
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
Duty of magistrate upon complaint being made
175
Warrant to be issued
177
SECTION III
207
CHAPTER XI
225
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
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 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
Motion to quash by the defendant
269
Nolle prosequi
270
Of pleas by the prisoner
271
The general issue
272
The plea to the jurisdiction
273
Of declinatory pleas
276
Of the plea in abatement
284
Plea of guilty
286
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
Ordering witnesses to withdraw
360
Of the separation of the jury during the trial
367
Motion in arrest of judgment
386
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
424
District attorney to file minutes of evidence
425
OF WRITS OF ERROR AND CERTIORARI AND OF MOTIONS
427
SECTION II
441
SECTION PAGE
456
BOOK II
477
SECTION
487
powder in New York city
540
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
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
716
Violating graves etc
717

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Popular passages

Page 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.
Page 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...
Page 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...
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.
Page 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.
Page 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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