TITLE I.-OF IMPEACHMENTS...... II.-OF THE REMOVAL OF JUSTICES OF THE PEACE, POLICE JUSTICES, AND JUSTICES OF JUSTICES' COCRTS AND THEIR CLERKS. 132 TITLE I.-OF THE LOCAL JURISDICTION OF PUBLIC II.-OF THE TIME OF COMMENCING CRIMINAL III.-OF THE INFORMATION, AND PROCEEDINGS THEREON TO THE COMMITMENT INCLU- SIVE, II. The warrant of arrest........ III. Arrest by an officer under a warrant..... 167-176 IV. Arrest by an officer, without a warrant.. 177-182 V. Arrest by a private person.. VI. Retaking, after an escape or rescue...... 186–187 VII. Examination of the case, and discharge of the defendant or holding him to 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 .......... II. Conduct of the jury, after the cause is TITLE VIII.-OF THE PROCEEDINGS AFTER TRIAL AND CHAPTER I. Bill of exceptions. TITLE IX.-OF TAE JUDGMENT AND EXECUTION. TITLE X.-GENERAL PROVISIONS IN RELATION TO THE II. Second offenses, habitual criminals, and CHAPTER I. Appeals, when allowed, and how taken.. 515-532 II. Dismissing an appeal, for irregularity..... 533-531 TITLE XI.-OF MISCELLANEOUS PROCEEDINGS. ARTICLE I. In what cases the defendant may be admit- II, Bail, upon being held to answer, before in. III. Bail, upon an indictment, before convic. VI. Surrender of the defendant.. VII. Forfeiture of the undertaking of bail, or of VIII. Re-commitment of the defendant, after having given bail, or deposited money CHAPTER II. Compelling the attendance of witnesses, 607-619 636-657 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. CHAPTER VIII, Remitting the punishment, in certain IX. Proceedings against corporations....... 675-682 XI. Errors and mistakes, in pleadings and XII. Disposal of property, stolen or embez- XIII. Reprieves, commutations and pardons.. 692–698 OF PROCEEDINGS IN COURTS OF SPECIAL SESSIONS AND PO. TITLE I.-OF THE PROCEEDINGS IN COURTS OF SPE- CIAL SESSIONS IN THE COUNTIES OTHER II.-OF THE PROCEEDINGS IN THE COURTS OF SPECIAL SESSIONS IN THE CITY AND COUN- III.-OF APPEALS FROM THE COURTS OF SPECIAL OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. TITLE I.-OF CORONERS' INQUESTS, AND THE DUTIES III.-OF THE OUTLAWRY OF PERSONS CONVICTED IV.-OF PROCEEDINGS AGAINST FUGITIVES FROM 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. 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. |