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222

II. Formation of the grand jury; its powers

and duties.....

223–267

TITLE V.-OF THE INDICTMENT.

CHAPTER I. Finding and presentation of the indict-

ment...

268-272

II. Form of the indictment.

273-292

III. Amendment of the indictment.

293-295

IV. Arraignment of the defendant.

296-312

V. Setting aside the indictment.......

313-320

VI. Demurrer.....

321-331

VII. Plea..

332-342

VIII. Removal of the action before trial..... 343-353

TITLE VI. OF THE PROCEEDINGS ON THE INDICT.

MENT, BEFORE TRIAL.

CHAPTER 1. The mode of trial.

354-357

II. Formation of the trial jury...

358

III. Challenging the jury....

359-887

..........

TITLE VII.-OF THE TRIAL.

SECTIONS.

CHAPTER I. The trial....

388-422

II. Conduct of the jury, after the cause is

submitted to them.....

423-432

III. The verdict...

433-454

TITLE VIII.-OF THE PROCEEDINGS AFTER TRIAL AND

AND BEFORE JUDGMENT.

CHAPTER I. Bill of exceptions.

455-461

II. New trials.

462-466

III. Arrest of judgment.....

467-470

TITLE IX.-OF TAE JUDGMENT AND EXECUTION.

CHAPTER I. The judgment..

471-485

II. The execution

486-490

TITLE X.-GENERAL PROVISIONS IN RELATION TO THE

PUNISHMENT OF CRIMES.

CHAPTER I. The death penalty.

491-509

II. Second offenses, habitual criminals, and

special penal discipline.....

510-514

TITLE X.*-OF APPEALS.

CHAPTER I. Appeals, when allowed, and how taken.. 515-532

II. Dismissing an appeal, for irregularity..... 533-531

III. Argument of the appeal.

IV. Judgment upon appeal.

542-549

TITLE XI.-OF MISCELLANEOUS PROCEEDINGS.

CHAPTER 1.-BAIL.

ARTICLE I. In what cases the defendant may be admit-

ted to bail.......

550-556

II, Bail, upon being held to answer, before in.

dictment..

557-577

III. Bail, upon an indictment, before convic.

tion..

578-582

IV. Bail, upon an appeal..

583-585

V. Deposit, instead of bail..

586-5-9

VI. Surrender of the defendant..

590-592

VII. Forfeiture of the undertaking of bail, or of

the deposit of money..

593-598

VIII. Re-commitment of the defendant, after

having given bail, or deposited money

instead of bail.

599-606

CHAPTER II. Compelling the attendance of witnesses, 607-619

III. Examination of witnesses, conditionally, 620-635

IV. Examination of witnesses, on commis-

636-657

V. Inquiry into the insanity of the defend-

ant, before or during trial, or after

conviction.....

658-662

VI. Compromising certain crimes, by leave

of the court...

663-666

VII. Dismissal of the action, before or after

indictment, for want of prosecution or

otherwise....

687-673

sion......

* So in the original.

827-835

II. Fugitives from this state, into another state

or territory....

836-837

TITLE V.-OF PROCEEDINGS RESPECTING BASTARDS.

CHAPTER I. Proceedings before magistrates, respect-

ing bastards..

838-860

II. Appeals from the orders of magistrates,

respecting bastards.

861-880

III. Enforcement of the undertaking for the

support of the bastard or its mother, or

for appearance on appeal.......

881-886

TITLE VI.-OF PROCEEDINGS RESPECTING VAGRANTS, 887–898

VII.-OF PROCEEDINGS RESECTING DISORDERLY

PERSONS.

899-913

VIII.-OF PROCEEDINGS RESPECTING THE SUP-

PORT OF POOR PERSONS..

914-926

IX.-OF PROCEEDINGS RESPECTING MASTERS,

APPRENTICES, AND SERVANTS...

927-940

X-OF CRIMINAL STATISTICS.

941-949

XI.-ISCELLANEOUS PROVISIONS RESPECTING

SPECIAL PROCEEDINGS OF A CRIMINAL

NATURE..

950-952

General provisions and definitions applicable to this

Code....

953-963

CHAPTER 442, LAWS OF 1881,

AS AMENDED, 1832, 1883, 1884 AND 1885.

AN ACT

To establish a Code of Criminal Procedure.

Passed June 1, 1881 ; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

PRELIMINARY PROVISIONS.

SEC. 1. Title of the Code.

2. Divisions of the Code.
3. No person punishable but on legal conviction.
4. Crimes, how prosecuted.
5. Criminal action defined.
6. Parties to a criminal action.
7 The party prosecuted known as defendant.
8 Rights of defendant in a criminal action.
9. Second prosecution for the same crime prohibited.
10. No person to be a witness against himself in a criminal

action or to be unnecessarily restrained. SECTION 1. Title of Code. - This act shall be known as the Code of Criminal Procedure of the State of New York.

§ 2. Divisions of the Code. - This Code is divided into six parts. The first relates to the courts having original jurisdiction in criminal actions;

The second relates to the prevention of crime;

The third relates to the judicial proceedings for the removal of public officers by impeachment or otherwise ;

The fourth relates to the proceedings in criminal actions prosecuted by indictment;

The fifth relates to proceedings in special sessions and police courts;

The sixth relates to special proceedings of a criminal nature,

§ 3. No person punishable but on legal conviction.No person can be punished for a crime except upon legal conviction in a court having jurisdiction thereof.

Art. 1, § 1, N. Y. Const. No conviction on ex parte affidavits. Ex parte James, 30 How. Pr., 446.

§ 4. Crimes, how prosecuted. — A crime must be prosecuted by indictment, except

1. Where proceedings are had for the removal of a civil officer of the state on impeachment by the assembly for willful or corrupt misconduct in office;

2. Where proceedings are had for the removal of justices of the peace, police justices and justices of justices' courts and their clerks;

3. A crime arising in the militia when in actual service, and in the land and naval forces in time of war, or which this state may keep with the consent of congress in time of peace ;

4. Such crimes as are hereinafter or in special statutes specified as cognizable by courts of special sessions and police courts.

Art. 1, $ 6, N. Y. Const.

§ 5. Criminal action defined. - The proceeding, by which a party charged with a crime is accused and brought to trial and punishment, is known as a criminal action.

§ 6. Parties to a criminal action. - A criminal action is prosecuted in the name of the people of the State of New York, as plaintiffs, against the party charged with crime.

§ 7. The party prosecuted known as defendant. The party prosecuted in a criminal action is designated in this Code as the defendant.

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