Reports of Decisions in Criminal Cases Made at Term, at Chambers and in the Courts of Oyer and Terminer of the State of New YorkWilliam Gould and Son, 1858 |
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Página 23
... trials before courts of special sessions . The trial is compulsory ; in that respect it differs from the general provisions of the Revised Statutes ; but the manner and form of trial are to be in accordance with those provisions . The ...
... trials before courts of special sessions . The trial is compulsory ; in that respect it differs from the general provisions of the Revised Statutes ; but the manner and form of trial are to be in accordance with those provisions . The ...
Página 25
... trial . On the trial of an indictment for murder , alleged to have been committed by a blow inflicted by the prisoner with a club in a sudden affray , it is admis- sible to prove that the prisoner was intoxicated at the time of the ...
... trial . On the trial of an indictment for murder , alleged to have been committed by a blow inflicted by the prisoner with a club in a sudden affray , it is admis- sible to prove that the prisoner was intoxicated at the time of the ...
Página 27
... trial , to which decision an exception was taken by the prisoner's counsel . Eastwood was then sentenced to be ... trial was not available on writ of error . A bill of exceptions , in a criminal case , brings up for review only the ...
... trial , to which decision an exception was taken by the prisoner's counsel . Eastwood was then sentenced to be ... trial was not available on writ of error . A bill of exceptions , in a criminal case , brings up for review only the ...
Página 28
... trial . ( 2 R. S. , 826 , § 26 , 3d ed . ) 1. At the common law , the Court of King's Bench could not grant a new trial in capital cases . ( Rex v . Mowbry , 6 T. R. , 638 ; 1 Arch . Cr . Pl . , 177 , and cases there cited . ) 2. That ...
... trial . ( 2 R. S. , 826 , § 26 , 3d ed . ) 1. At the common law , the Court of King's Bench could not grant a new trial in capital cases . ( Rex v . Mowbry , 6 T. R. , 638 ; 1 Arch . Cr . Pl . , 177 , and cases there cited . ) 2. That ...
Página 30
... trial . ( 8 Wend . , 595 ; 13 id . , 58 , 159 ; 17 id . , 386 , 541 ; 21 id . , 509 ; 25 id . , 465 ; 1 Hill , 351 ; 4 id . , 126 ; 5 id . , 294 ; 1 Denio , 9 , 19 ; 4 id . , 91 , 364 , 529 ; 5 id . , 106 ; 1 Park . Cr . R. , 272 , 340 ...
... trial . ( 8 Wend . , 595 ; 13 id . , 58 , 159 ; 17 id . , 386 , 541 ; 21 id . , 509 ; 25 id . , 465 ; 1 Hill , 351 ; 4 id . , 126 ; 5 id . , 294 ; 1 Denio , 9 , 19 ; 4 id . , 91 , 364 , 529 ; 5 id . , 106 ; 1 Park . Cr . R. , 272 , 340 ...
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Reports of Decisions in Criminal Cases Made at Term at Chambers: And in the ... Sin vista previa disponible - 2020 |
Reports of Decisions in Criminal Cases Made at Term, at Chambers ..., Volumen1 Amasa J. (Amasa Junius) Parker Sin vista previa disponible - 2012 |
Términos y frases comunes
accused admissible affidavit alleged arrest asked bail Bogart certiorari charged the jury circumstances circumstantial evidence city and county city of New-York clerk committed common law Conley conviction corpus delicti counsel excepted county aforesaid county of New-York Court of Oyer Court of Sessions crime criminal Cross-examined deceased declarations defendant defendant's counsel district attorney dwelling-house Edward H examination fact feloniously grand jury guilty habeas corpus indictment intent intoxication issued judge judgment jurisdiction jurors aforesaid larceny liquors magistrate manslaughter misdemeanor murder Oakey Hall oath aforesaid objection offence officer opinion Oyer and Terminer PAR.-VOL Patrick Larkin peace person Peverelly plaintiff in error police justice present prisoner prisoner's counsel proceedings proof prosecution proved provisions punishment question refused Revised Statutes rule Rulloff sheriff stolen Supreme Court sworn testified testimony thousand eight hundred tion town trial verdict warrant Wend wife willfully William witness writ of error
Pasajes populares
Página 311 - ... to establish a defence on the ground of insanity, it must be clearly proved, that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Página 658 - Tunnygate, against the form of the statute in such case made and provided, and against the peace of the People of the State of New York and their dignity.
Página 306 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Página 254 - 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.
Página 311 - As these two questions appear to us to be more conveniently answered together, we submit our opinion to be that the jury ought to be told in all cases that every man is presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction.
Página 364 - I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen...
Página 323 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Página 405 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Página 324 - Every person who shall administer to any woman d"st"oy1ch!id.t° 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...
Página 177 - RC prays that the judgment aforesaid, for the errors aforesaid, and other errors in the record and prpceedings aforesaid, may be reversed, annulled, and altogether held for nothing, and that he may be restored to all things which he hath lost by occasion of the said judgment, &c.