Reports of Decisions in Criminal Cases Made at Term at Chambers: And in the Courts of Oyer and Terminer of the State of New York [1823-1868], Volumen5William Gould and Son, 1872 |
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Página 12
... opinion the judges of a Court of Oyer and Terminer are not authorized to settle a bill of exceptions after the final adjournment of such court . This conclusion is in harmony with the decision of this court , made at a general term in ...
... opinion the judges of a Court of Oyer and Terminer are not authorized to settle a bill of exceptions after the final adjournment of such court . This conclusion is in harmony with the decision of this court , made at a general term in ...
Página 14
... opinion , for the reasons stated , that the bill of exceptions upon criminal trials are not to be settled as in civil actions . That the statutes in regard to bills of exceptions in civil actions have no application to the manner of ...
... opinion , for the reasons stated , that the bill of exceptions upon criminal trials are not to be settled as in civil actions . That the statutes in regard to bills of exceptions in civil actions have no application to the manner of ...
Página 15
... opinion of the case is , that the exceptions must be settled by the court that tries the indictment , and before it adjourns , for the reason that the Court of Oyer and Terminer is not a continuing court , and that all its powers as a ...
... opinion of the case is , that the exceptions must be settled by the court that tries the indictment , and before it adjourns , for the reason that the Court of Oyer and Terminer is not a continuing court , and that all its powers as a ...
Página 24
... opinion that the judgment given below was not erroneous , and I am now clearly of the same opinion . When a defendant is indicted for an existing nuisance , it is usual to state the nuisance and its continuance down to the time of ...
... opinion that the judgment given below was not erroneous , and I am now clearly of the same opinion . When a defendant is indicted for an existing nuisance , it is usual to state the nuisance and its continuance down to the time of ...
Página 34
... opinion . Defendants ' counsel objected to this witness giving any opinion or testifying in relation to the character of Mrs. Scott , upon the ground that he has not shown himself competent to do so . The court overruled the objection ...
... opinion . Defendants ' counsel objected to this witness giving any opinion or testifying in relation to the character of Mrs. Scott , upon the ground that he has not shown himself competent to do so . The court overruled the objection ...
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Términos y frases comunes
affidavit alleged arrest arson authority bank bill of exceptions Branchport Carey certificate charged the jury city and county city judge clerk committed common law confessions Constitution conviction counsel excepted counterfeit county judge Court of Sessions Court of Special court refused court to charge crime criminal defendant excepted defendant's counsel defraud discharge district attorney evidence fact feloniously forged forgery ground guilty habeas corpus held imprisonment indictment intent James Sully Jefferds John John Cramer judgment jurisdiction jurors aforesaid justice larceny Lowenberg marriage ment mortgage motion murder objection offense officer opinion Otsego Otsego county overruled Oyer and Terminer PAR.-VOL peace Penn Yan person plaintiff in error Plank Road plea pleaded prisoner prisoner's counsel promise of marriage prosecution prosecutrix proved question record refusing to charge requested sentence Smith Special Sessions statute Supreme Court sworn term testified testimony tion trial verdict warrant Wend witness writ of error York
Pasajes populares
Página 594 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Página 444 - He immediately proceeds to give them a definition of murder in the first degree, and of murder in the second degree as follows, to-wit: "All murder which shall be perpetrated by means of poison, or lying in wait, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree, and all other kinds of murder shall be deemed murder of the second...
Página 600 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Página 645 - The mode of putting the latter part of the question to the jury on these occasions has generally been whether the accused at the time of doing the act knew the difference between right and wrong...
Página 668 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Página 173 - ... that the same is true of his own knowledge except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Página 595 - That any order of the President, or under his authority, made at any time during the existence of the present rebellion, shall be a defence in all courts to any action or prosecution, civil or criminal, pending, or to be commenced, for any search, seizure, arrest, or imprisonment, made, done, or committed, or acts omitted to be done, under and by virtue of such order, or under color of any law of Congress...
Página 338 - OP ) being duly sworn, deposes and says that he resides in the of ; that one at in with intent to injure and defraud, feloniously did falsely make, forge and counterfeit, and cause and procure to be falsely made, forged and counterfeited, and willingly act and assist in the false making, forging and counterfeiting...
Página 596 - ... if special bail was originally requisite therein, it shall then be the duty of the state court to accept the surety, and proceed no further in the cause...
Página 594 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute or commission...