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 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
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
hi When warrant to issue
84
When party discharged and when to be committed
85
Recognizance to be tiled
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
Proceedings of coroner
107
Returning examination and recognizances
108
Justices when to act as coroners
109
Disposition of money found on dead bodies 110
110
Investigation of the origin of fires
111
CHAPTER VIII
113
SECTION I
114
Application to justice 115
115
Proceedings against father out of county
116
Proceedings upon failure to execute bond
118
Adjournment of proceedings
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
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
133
Proceedings on bonds taken for appearance at sessions and for support of bastards etc
134
CHAPTER IX
136
The warrant
140
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
XXVm 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
PROCEEDINGS SUBSEQUENT TO THE RETURN OF THE WARRANT WHERE
187
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
XL1II 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
229
Staying execution on conviction
230
Proceedings on the recognizance
231
Proceedings on the judgment
232
CHAPTER XII
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
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 2fi8
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 plea 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 28
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
LVII1 Suits on recognizances
305
Postponing tho trial on the defendants application
306
Trial postponed by neglect of prosecutor
312
Witnesses in such cases to be attached and prosecuted for failure to appear 014
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 tho defendant
319
SECTION III
327
Section page c That the juror has a pecuniary or other interest in the event of the action
349
That the juror has passed upon the same question while serving in some other capacity
350
Social and civil connections
351
Propter delictum
352
Challenges how made
353
Challenge to the polls how disposed of
354
CHI 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
373
CXVHI 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
CXX1X Of the sentence or judgment
392
Senteno to expire botweeu March and November
393
Section face CXXXI Sentence when there are several convictions at the same time
394
Persons under sixteen years of age may be sentenced tOthe 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 sentenco
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
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
SECTION I
428
SECTION II
441
Section fage
456
BOOK II
477
Arson
487
SsCTIO 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
XXVm Mayhem
669
Malicious injury to railroads
670
Producing pretended heir
671
Perjury
673
Rape T
684
Receiving property which has been stolon or embezzled
695
Robbery
698
XXXvilI 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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Common terms and phrases

Popular passages

Page 684 - 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 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...
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...
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.
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.
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.
Page 674 - 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 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.
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.
Page 608 - 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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