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number summoned not less than nine nor more than fifteen.

coroner to summon jurors...........

what persons to be summoned....

cannot be but one inquest on one body...

may be several inquests on several bodies killed by same cause...

at what place inquest to be held.....

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to testify....

counsel may be present and assist coroner

party suspected no right to counsel or witnesses..

duty of coroner to inform party accused of his rights before called on

evidence of, allowed, when not admissible on trial

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recognizances to be in writing and subscribed by the parties.

justices, when to act as coroners....

disposition of money found on dead bodies..

investigation by coroner of the origin of fires..

CRIMINAL CONTEMPTS (See SUMMARY CONVICTIONS).

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DEGREES OF GUILT (See PRINCIPALS AND ACCESSORIES).

DEMURRER TO THE INDICTMENT:

what is.....

effect of...

judgment in felonies not capital,

judgment in capital cases ....

judgment in misdemeanors.

how pleaded.....

rules of pleading in.

DISTRICT ATTORNEY'S PRECEPT.

whether now necessary.....

sheriff's proclamation upon...

DISORDERLY PERSONS (See SUMMARY CONVICTIONS).

DISORDERLY CONDUCT (See SUMMARY CONVICTIONS).

DISTURBANCE OF RELIGIOUS MEETINGS:

(See SUMMARY CONVICTIONS.)

DISGUISED PERSONS COMMITTING CONSPIRACY, RIOT, &c.:

statute.......

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killing person when violating statute is murder..

DECOYING CHILDREN....

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DUELLING AND CHALLENGES TO FIGHT:

at common law....

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definition of.

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no particular form of words necessary to constitute challenge
provisions of the statute.....

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former conviction or acquittal in another State, &c....

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fighting duel out of State, when death ensues in State, guilty of

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EMBEZZLEMENT (Continued):

meaning of words "any other person
Who is to be deemed clerk or servant..
barkeeper in inn, entrusted to carry letters..
constable employed to collect demands...
stage driver carrying packages of money
immaterial whether servant be paid by wages or percentage
illustrations of above rule.....

...

immaterial whether employment be permanent or occasional.

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but must be servant of prosecutor when money received.
embezzlement by drovers...

by a carrier....

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when person in service of corporation not liable unless within scope
of employment......

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servant of corporation liable though not duly appointed

552

By virtue of his employment.....

552

if servant has no authority to receive money, he is not guilty of em-
bezzlement:....

552

instances of such cases..

552

servant not guilty if money received contrary to terms of employment 553
if the money is entered by clerk in a book it is not embezzlement in
not paying it over

553

if money received while in service, the embezzlement may be after
service has ceased......
... 553

servant, not entrusted with the receipt of money cannot be convicted 553
but may be, if the master allows him to receive it, although not part
of original duty......

Apprentices and persons within the age of eighteen years

Embezzlement by carriers.....

distinction between property transferred in commerce by weight and
by count....

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exceptions in court of general sessions of New York city.

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judgment on writ...

whether new trial can be granted on writ of error, on ground of newly

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ELECTION, COMPELLING DISTRICT ATTORNEY TO ELECT ON
WHICH COUNT HE WILL PROCEED:

election discretionary with the court......

362

election not compelled where several counts charge the same offence
in different forms..

362

election only where several counts charge distinct offences..
cannot be compelled where only misdemeanors are joined...

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complaint not to be entertained from persons disqualified as wit-

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oath to be administered to complainant and his witnesses.

if complaint taken in writing, to be read to complainant.

Warrant to be issued.

need not be sealed

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what to contain....

should name party to be arrested..

should recite the accusation....

clerical error will not render warrant invalid.

should not be in blank

should not be altered....
to whom directed...
commands to officer.
when made returnable..
to be dated and signed...

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prisoner, how arrested when in another county...

EXAMINATION OF OFFENDERS (Continued):

Warrant, where executed.....

when to be indorsed

prisoner arrested on may be carried through other counties...

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when prisoner to be examined.....

prisoner may be discharged or committed or held to bail...

when examination to be had

complainant and his witnesses to be examined..

examination, when adjourned...

length of adjournment

subpoenas for witnesses.

Prisoner to be examined...

...

witnesses not to be present at examination..

when several prisoners to be examined separately..

manner of taking the examination....

prisoner to be allowed counsel.....

caution to the prisoner by magistrate..

prisoner's answers to be in writing.

to be read to prisoner and tendered to him for his signature..

prisoner may correct his statement...

Prisoner's witnesses to be examined..

their attendance compelled by subpoena and attachmeut.

separation of the witnesses.

evidence to be reduced to writing...

Prisoner, when to be discharged....

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proof necessary to authorize commitment.

there must be no sufficient ground for judicial inquiry in order to

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duty of keeper of jail on receiving the commitment...

officer may detain prisoner, if the keeper refuses to receive him..... 199
Officers and courts authorized to let to bail before indictment found.... 200
how prisoner bailed when arrested on indorsed warrant.
sufficiency and amount of bail, &c.............

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Associating another magistrate with the one before whom complaint was
made....

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