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LARCENY (Continued):

when nurse was not a servant..

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PAGE.

-639

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by common carriers..

distinction between articles conveyed by weight and count.

whether evidence of original felonious intention....

Mr. East's remarks thereon...

643

643

643

644

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Carrying away the goods stolen...

655

there must not only be a taking, but a carrying away
what is an asportation

655

655

cases cited, illustrating the doctrine of asportation

656

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PAGE.

LARCENY (Continued):

. the taking and carrying away must be felonious
explanation of terms animo furandi and lucri causa.
cases cited illustrating the doctrine of felonious intent
a taking by accident or joke no crime
taking by mistake....

cases illustrating doctrine of taking by mistake, &c
property taken by heedlessness or carelessness...

......

657

658

658

658

658

659

659

instance of....

659

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man may be guilty of larceny in stealing his own goods.

663

property levied on by an officer

663

temporary property in bailee.

663

property bailed to another.

663

member of friendly society..

663

assignment for benefit of creditors

664

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carrying goods in another county....

joint larceny in one county, and one carrying goods into another

... 666

county

....

667

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upon the merits or for irregularity, newly discovered evidence, &c... 461
definition of.........

461

courts of sessions may grant new trial on the merits..

461

oyer and terminer cannot, after conviction for felony.

462

how made, where conviction is in oyer and terminer

462

the application in a court of sessions must be before judgment.

462

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must be such as could not have been obtained with reasonable dili-

gence

465

must be material to the issue

465

must go the merits, and not to impeach the credibility of witnesses.. 465
must not be cumulative

instances of........

it should appear that no laches is imputable to the party
the newly discovered facts should be shown......
adverse party may show witness unworthy of credit.

465

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PAGE.

NEW TRIALS (Continued):

the affidavit of the witness should be produced, or proof that it can
not be obtained .....

counter affidavits may be read

466

466

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not generally a ground, that testimony has been unexpectedly ruled

out...

467

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468

the surprise must not be after the rendering of the verdict...

whether surprise founded on mistake of law can be made available... 468

Irregularity in summoning and returning jurors ....

469

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when irregularity in empanneling jurors is not good ground for..
juror who has been challenged sitting as talesman
improper discharge of juror by court.

469

469

469

......

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jury partaking of refreshments...

472

drinking of spirituous liquors .....

improper conduct not occasioned by prevailing party.

when affidavits of jurors cannot be received

472

472

472

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there must be a preponderance of evidence to show mistake, preju-

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where verdict is clearly against the law, new trial will be granted.. 474

NEW YORK (See COURTS OF SPECIAL SESSIONS AND OF GENERAL SES-
SIONS.)

NOLLE PROSEQUI :

when to be entered

definition of....

270

270

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defendant may be found guilty on one count, and nolle prosequi en-

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cannot be entered by court of sessions for offence not triable in that

271

court

OPENING OF THE CASE BY THE DISTRICT ATTORNEY ....... 363

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justice of Supreme Court may preside at, although judge of the Court
of Appeals.....

by whom to be held in the city and county of New York...

commissions for oyer and terminer, when issued by the Governor..
provisions of judiciary act in relation to......

their power and jurisdiction......

their power to change the place of trial of indictments

365

425

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52

55

56

56

56

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57

indictments in, when sent to court of sessions....

57

58

their power to grant new trials....

58

vacancies in members of, how filled.

...

58

when opened to take recognizances..

59

vacancy in office of district attorney at, how filled...

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