The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction, Duty, and Authority of Justices of the Peace in the State of New York, in Criminal Cases. Containing Also a Summary of the Law Relative to Crimes and Punishments, with an Appendix of Forms of Proceedings |
From inside the book
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Page xiv
... allegations must be proved , 352 II . Written evidence , Public documents and records , Private documents , 359 369 III . Parol evidence , In what cases admissible , 377 Competency of witnesses , 378 Credibility of , 389 Examination of ...
... allegations must be proved , 352 II . Written evidence , Public documents and records , Private documents , 359 369 III . Parol evidence , In what cases admissible , 377 Competency of witnesses , 378 Credibility of , 389 Examination of ...
Page 24
... alleged therein . ( 0 ) In the count for levying war it is not necessary to set out the particu- lar acts of the defendant . It will be sufficient to allege generally that the defendant assembled with a multitude armed and arrayed in a ...
... alleged therein . ( 0 ) In the count for levying war it is not necessary to set out the particu- lar acts of the defendant . It will be sufficient to allege generally that the defendant assembled with a multitude armed and arrayed in a ...
Page 25
... alleged in an indictment , one witness to prove one treason , and another witness to prove a different treason , are not to be deemed two witnesses to the same treason , within the meaning of this provision . ( a ) HOMICIDE . The ...
... alleged in an indictment , one witness to prove one treason , and another witness to prove a different treason , are not to be deemed two witnesses to the same treason , within the meaning of this provision . ( a ) HOMICIDE . The ...
Page 29
... alleging that he was first struck by the deceased ; or that he had often declined to meet him , and was prevailed upon to do it by his importunity ; or that it was his intent only to vindicate his reputa- tion ; or that he meant not to ...
... alleging that he was first struck by the deceased ; or that he had often declined to meet him , and was prevailed upon to do it by his importunity ; or that it was his intent only to vindicate his reputa- tion ; or that he meant not to ...
Page 50
... alleged . Thus , on a charge of murder by stabbing , if it prove to be by drowning or poisoning , the prisoner must be acquitted . ( q ) But an indictment for murder by one description of poison , will be supported by proof of mur- der ...
... alleged . Thus , on a charge of murder by stabbing , if it prove to be by drowning or poisoning , the prisoner must be acquitted . ( q ) But an indictment for murder by one description of poison , will be supported by proof of mur- der ...
Other editions - View all
The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ... Oliver L. Barbour No preview available - 2017 |
The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ... Oliver Lorenzo Barbour No preview available - 2015 |
The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ... Oliver L. Barbour No preview available - 2017 |
Common terms and phrases
20th day accessary aforesaid alleged appear Arch arrest assault bail bastard burglary cause certiorari charged child Chit Commence committed common jail common law complaint Conclude constable conviction counterfeit court of special Cowen crime criminal custody defendant defraud discharged dwelling house East's P. C. evidence examination execution fact false forged forgery Fost guilty Hale Hale's P. C. Hawk indictment instrument intent issued James James Den John Doe John Styles judgment jury justice kill larceny Leach magistrate maliciously manslaughter Matt misdemeanor murder necessary New-York oath October last offence officer oyer and terminer P. C. ch party peace perjury person Peter White Polly White principal prisoner proceedings proof prosecution prosecutor proved Ransom Cook recognizance revised statutes Richard Fen Roscoe's Cr Russ SARATOGA COUNTY Saratoga Springs special sessions Stark stealing sufficient supreme court sureties sworn thereof town of Saratoga trial warrant Wend witness writ
Popular passages
Page 38 - Homicide is also justifiable when committed by any person in either of the following cases: "(1) When resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or In any dwelling house In which such person shall be...
Page 644 - ... obligation shall be void and of no effect, otherwise to remain in full force and virtue.
Page 211 - It seems that an assault is an attempt, or offer, with force and violence, to do a corporal hurt to another...
Page 25 - And all these circumstances of justification, excuse or alleviation, it is incumbent upon the prisoner to make out, to the satisfaction of the court and jury : the latter of whom are to decide whether the circumstances alleged are proved to have actually existed ; the former, how far they extend to take away or mitigate the guilt. For all homicide is presumed to be malicious, until the contrary appeareth upon evidence1.
Page 59 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Page 441 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Page 235 - Where the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or in any other section or statute, the doing such act shall be deemed a misdemeanor.
Page 153 - Therefore no delivery of the goods from owner to the offender, upon trust, can ground a larceny. As if A lends B a horse, and he rides away with him ; or if I send goods by a carrier, and he carries them away; these are no larcenies.
Page 333 - 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 60 - The killing of a human being, without a design to effect death, by the act, procurement or culpable negligence of...