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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19 페이지
... held this insuffi- cient , and compared it to the case of murder , in which the indictment must contain that word . Foster ( Crown Law , 423 , 4 , Appendix ) , referring to this case , and to the diversity of opinion among the judges ...
... held this insuffi- cient , and compared it to the case of murder , in which the indictment must contain that word . Foster ( Crown Law , 423 , 4 , Appendix ) , referring to this case , and to the diversity of opinion among the judges ...
35 페이지
... held that mere separation without per- mission was prima facie evidence of misbehavior ( 18 John . , 218 ) ; but the better opinion now is , that to vitiate the verdict reasonable suspicion of abuse must exist . ( The People v ...
... held that mere separation without per- mission was prima facie evidence of misbehavior ( 18 John . , 218 ) ; but the better opinion now is , that to vitiate the verdict reasonable suspicion of abuse must exist . ( The People v ...
45 페이지
... held that the mere separation of a jury in a capital case , unless from absolute necessity , is sufficient to vitiate the verdict , and that it is not necessary for the pri- soner to give affirmative evidence of any additional abuse ...
... held that the mere separation of a jury in a capital case , unless from absolute necessity , is sufficient to vitiate the verdict , and that it is not necessary for the pri- soner to give affirmative evidence of any additional abuse ...
47 페이지
... held that it was not necessary that this should be proven in order that the verdict should be set aside and a new trial granted . This decision is , we think , supported by English authority . " A few years later , the case of Overbee v ...
... held that it was not necessary that this should be proven in order that the verdict should be set aside and a new trial granted . This decision is , we think , supported by English authority . " A few years later , the case of Overbee v ...
48 페이지
... held , in the case of Wesley v . The State ( 2 Humph . , 502 ) , that a circuit court has no power in a capital case to authorize the separation of the jury , even with the consent of the prisoner and the counsel for prosecution . These ...
... held , in the case of Wesley v . The State ( 2 Humph . , 502 ) , that a circuit court has no power in a capital case to authorize the separation of the jury , even with the consent of the prisoner and the counsel for prosecution . These ...
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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
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311 페이지 - ... 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.
658 페이지 - 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.
306 페이지 - 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?
254 페이지 - 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.
311 페이지 - 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.
364 페이지 - 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...
323 페이지 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
405 페이지 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
324 페이지 - 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...
177 페이지 - 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.