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 ...

John H. Colby

W.C. Little, 1868

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PAGE	1

the power of others	10

CHAPTER II	16

1	19

to attempt the commission of them in cases where the offence	28

Special sessions in the city of Utica	38

Special sessions in the county of Monroe	40

Special sessions in the city of Hudson	41

Of the time within which the indictment may be found 248	248

Of the county in which the indictment is to be found	249

Presentment of the indictment	255

SECTION II	257

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

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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Frases i termes més freqüents

accused acquittal allowed answer appear application arrest attendance authority bail Barb bond brought called cause challenge charged clerk committed common law complaint conviction court of oyer court of sessions court of special crime criminal defendant directed discharge discretion district attorney duty enter error evidence examination exceeding exceptions execution fact felony filed give given grand jury ground guilty Hale Hawk hear held imprisonment indictment issued jail judge judgment jurisdiction jurors justice magistrate manner matter ment necessary oath offence officer oyer and terminer Park party peace person plea plead practice present principal prisoner proceed proceedings proper prosecution provisions punishment question reason recognizance record refuse relation respect rule sentence sheriff special sessions statute sufficient Supreme Court taken term thereof tion trial tried unless verdict Vide warrant Wend witnesses writ York

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Informació bibliogràfica

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Títol	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 ... Volum 1 de 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, John H. Colby
Autor	John H. Colby
Editor	W.C. Little, 1868

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