The Code of Criminal Procedure of the State of New York: Being Chapter 442, of the Laws of 1881. Passed June 1, 1881Weed, Parsons, 1881 - 255 strani |
Pogosti izrazi in povedi
acquittal adjourn admitted to bail affidavit alleged appear application arrest attend bastard bench warrant cause ceedings certificate challenge CHAPTER city and county city court clerk Code commission committed conviction copy counsel county judge county of Albany county treasurer court of oyer court of sessions court of special criminal action custody defendant deliver demurrer direct discharged district attorney duty evidence examination execution facts felony fendant filed forthwith give governor grand jury guilty held to answer impeachment imprisonment indorsed judgment jurisdic jurisdiction juror last section magis magistrate manner ment misde misdemeanor mother notice oath offense oyer and terminer party peace officer plea plead police justice prescribed prison proceed proceedings prosecution provided in section punishment rendered residence search warrant sheriff sion special sessions specified subpoena sufficient summoned supreme court sureties taken term testimony thereof tion TITLE trate trial undertaking unless witness York New York
Priljubljeni odlomki
Stran 52 - ... 1. For a public offense committed or attempted in his presence. 2. When a person arrested has committed a felony, although not in his presence. 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
Stran 147 - If, without sufficient excuse, the defendant neglects to appear for arraignment or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes...
Stran 110 - If the jury persist in finding an informal verdict, from which, however, it can be clearly understood, that their intention is to find in favor of the defendant, upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given, unless the jury expressly find against the defendant, upon the issue, or judgment be given against him on a special verdict.
Stran 77 - In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the...
Stran 169 - When money or other property is taken from a defendant, arrested upon a charge of a public offense, the officer taking it must at the time give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken; one of which receipts he must deliver to the defendant and the other of which he must forthwith file with the clerk of the court to which the depositions and statement are to be sent.
Stran 136 - The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum.
Stran 24 - ... could do in like cases ; 6. On motion of the district attorney, to issue a warrant for the arrest of a person who neglects to appear agreeably to the requirements of a recognizance to appear thereat, commanding the officer executing the same to bring the party forthwith before the court, if in session, otherwise to commit him to the common jail of the county, there to remain until delivered by due course of law. Under subdivision 1, the publication of a libel is not an
Stran 148 - The court to which the committing magistrate returns the depositions, or in which an indictment, information, or appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order entered upon its minutes, direct the arrest of the defendant and his commitment to the officer to whose custody he was committed at the time of giving bail, and his detention until legally discharged, in the following cases: 1. When, by reason of his failure to appear, he has incurred...
Stran 98 - ... 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.
Stran 39 - If the defendant object to the sufficiency of the impeachment, the objection must be in writing, but need not be in any specific form; it being sufficient, if it present intelligibly the grounds of the objection. If he deny the truth of the impeachment, the denial may be oral, and without oath, and must be entered upon the minutes.