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 ...W.C. Little, 1868 - Criminal law |
From inside the book
Results 1-5 of 100
Page 19
... constitute principals in the second degree , three requisites must combine ; they must be present , aiding and assisting , and with a felonious intention to the crime.1 ( a ) They must be present , and this presence may be either actual ...
... constitute principals in the second degree , three requisites must combine ; they must be present , aiding and assisting , and with a felonious intention to the crime.1 ( a ) They must be present , and this presence may be either actual ...
Page 20
... constitute such a presence as to render a man a principal in the second degree , it is said by Mr. Justice FOSTER , that if several persons set out together , or in several parties , upon one common design , be it murder or other felony ...
... constitute such a presence as to render a man a principal in the second degree , it is said by Mr. Justice FOSTER , that if several persons set out together , or in several parties , upon one common design , be it murder or other felony ...
Page 21
... constitute a party a prin- cipal in the second degree ; but there must be some participation . It must be shown , either that the party did the act ( when he would be principal in the first degree ) , or that he was present when it was ...
... constitute a party a prin- cipal in the second degree ; but there must be some participation . It must be shown , either that the party did the act ( when he would be principal in the first degree ) , or that he was present when it was ...
Page 22
... constitute one an accessory , for if he be actually or constructively present when the felony is commit- ted , he is an aider and abettor , and not an accessory before the fact.5 An accessory before the fact , is he who being absent at ...
... constitute one an accessory , for if he be actually or constructively present when the felony is commit- ted , he is an aider and abettor , and not an accessory before the fact.5 An accessory before the fact , is he who being absent at ...
Page 24
... constitute the offence of acces- sory , that there should be any direct communication between him and the principal ; the procurement may be through the intervention of an agent . And if managed through an agent it is not necessary that ...
... constitute the offence of acces- sory , that there should be any direct communication between him and the principal ; the procurement may be through the intervention of an agent . And if managed through an agent it is not necessary that ...
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Other editions - View all
A Practical Treatise Upon the Criminal Law and Practice of the State of New ... John H Colby No preview available - 2015 |
A Practical Treatise Upon the Criminal Law and Practice of the State of New ... John H. Colby No preview available - 2019 |
Common terms and phrases
¹ Peo accessory accused acquittal affidavit appear application Arch arrest assault attendance authority autrefois acquit Barb bastard bench warrant Blac burglary cause certiorari challenge Chit city and county clerk committed common law complaint constable conviction coroner court of oyer court of sessions court of special crime criminal custody deemed defendant discharge district attorney duty evidence examination exceeding execution fact felony forgery Fost grand jury guilty habeas corpus Hale Hawk held imprisonment indictment intent issued judge judgment jurisdiction jurors kill larceny let to bail magistrate manner manslaughter ment misdemeanor murder nolle prosequi oath offence charged officer oyer and terminer Park party peace plea principal prisoner proceedings prosecution provisions punishment quash recognizance record Revised Statutes rule Russ SECTION sentence sheriff special sessions subpoena sufficient Supreme Court sureties taken therein thereof tion trial verdict Vide warrant Wend witnesses writ of error York
Popular passages
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 121 - Whenever any mandate, writ or commission is issued out of any court of record in any other state, territory, district or foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness or witnesses in this state, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this state.
Page 593 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Page 399 - A sentence of imprisonment in a state prison for any term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during such 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 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.