Draft of a Penal Code for the State of New York |
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Page iii
... to them ; and that they shall then cause the Codes , as finally agreed upon , to be reprinted and again distributed , six months before being presented to the Legislature . determine what are the elements which constitute the offense .
... to them ; and that they shall then cause the Codes , as finally agreed upon , to be reprinted and again distributed , six months before being presented to the Legislature . determine what are the elements which constitute the offense .
Page iv
... constitute the offense . As long as the criminality of acts is left to depend upon the uncertain definitions or conflicting autho- rities of the common law , uncertainty must pervade our criminal jurisprudence . The value of the Penal ...
... constitute the offense . As long as the criminality of acts is left to depend upon the uncertain definitions or conflicting autho- rities of the common law , uncertainty must pervade our criminal jurisprudence . The value of the Penal ...
Page vi
... criminal responsibility , which are independent of the distinctions between offenses . The fifteen titles which follow , and which constitute the bulk of the work , are occupied with provisions relative to vi PRELIMINARY NOTE .
... criminal responsibility , which are independent of the distinctions between offenses . The fifteen titles which follow , and which constitute the bulk of the work , are occupied with provisions relative to vi PRELIMINARY NOTE .
Page x
... constitute a criminal contempt of court , under section 201 , subdi- visions 4 , 5 or 6. In general , the duty is left to be enforced by attachment or other appropriate civil remedy . Affray . At common law , the fighting together of ...
... constitute a criminal contempt of court , under section 201 , subdi- visions 4 , 5 or 6. In general , the duty is left to be enforced by attachment or other appropriate civil remedy . Affray . At common law , the fighting together of ...
Page xi
... constitute riot . In the Code , what would be an affray at common law , is left to be punished as a common assault and battery , under section 307 ; unless it is attended by circumstances which make it a duel , under section 293 ; or a ...
... constitute riot . In the Code , what would be an affray at common law , is left to be punished as a common assault and battery , under section 307 ; unless it is attended by circumstances which make it a duel , under section 293 ; or a ...
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Common terms and phrases
arrest arson assault attempt attorney Auctioneer authorized by law Barb barratry bigamy bill of lading bribe burglary CHAPTER charge child stealing Code Cr Commissioners committed common law conviction corporation counterfeited county jail court Covered by sections Cox Cr crime criminal custody death declared deemed defense defined Destroying duty dwelling house election embezzlement evidence of debt exceeding five felony forged forgery fraud fraudulent grand larceny homicide Indecent exposures indictment injury instrument jail not exceeding jurors jury Justifiable homicide knowingly larceny last section legislature lottery maiming maliciously manslaughter marriage meanor ment misde misdemeanor oath offense omitted passage tickets pawnbroker perjury person guilty person who willfully prison not exceeding proceeding procuring prosecution provisions public officer punishable by imprisonment rape received Revised Statutes rized robbery Sabbath breaking second degree Selling Stat Subd thereof third degree tion unlawful vessel violation vote witness
Popular passages
Page 125 - ... years, or in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.
Page 91 - Code, which declares, that except in cases where a different punishment is prescribed by such code, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.
Page 6 - But whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act.
Page 211 - ... is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both such imprisonment and fine.
Page 110 - Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances: 1.
Page 217 - Extortion is the obtaining of property from another, with his consent, induced by a wrongful use of force or fear, or under color of official right.
Page 101 - ... of the provisions of this chapter, upon the ground that his testimony might tend to convict him of a crime. But no evidence given upon any examination of a person so testifying shall be received against him in any criminal prosecution or proceeding.
Page 215 - ... not in the due and lawful execution of his trust, any property which he has in his possession, or under his control by virtue of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement.
Page 239 - Every person who, without being authorized so to do, subscribes the name of another to, or inserts the name of another in any prospectus, circular, or other advertisement, or announcement of any corporation or joint-stock association, existing or intended to be formed, with intent to permit the same to be published, and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member or promoter of such corporation or association, is guilty of a misdemeanor.
Page 131 - Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2.