LARCENY (Continued): when nurse was not a servant.. PAGE. -639 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 Carrying away the goods stolen... 655 there must not only be a taking, but a carrying away 655 655 cases cited, illustrating the doctrine of asportation 656 PAGE. LARCENY (Continued): . the taking and carrying away must be felonious cases illustrating doctrine of taking by mistake, &c ...... 657 658 658 658 658 659 659 instance of.... 659 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 carrying goods in another county.... joint larceny in one county, and one carrying goods into another ... 666 county .... 667 upon the merits or for irregularity, newly discovered evidence, &c... 461 461 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 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 instances of........ it should appear that no laches is imputable to the party 465 PAGE. NEW TRIALS (Continued): the affidavit of the witness should be produced, or proof that it can counter affidavits may be read 466 466 not generally a ground, that testimony has been unexpectedly ruled out... 467 468 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 when irregularity in empanneling jurors is not good ground for.. 469 469 469 ...... 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 there must be a preponderance of evidence to show mistake, preju- where verdict is clearly against the law, new trial will be granted.. 474 NEW YORK (See COURTS OF SPECIAL SESSIONS AND OF GENERAL SES- NOLLE PROSEQUI : when to be entered definition of.... 270 270 defendant may be found guilty on one count, and nolle prosequi en- cannot be entered by court of sessions for offence not triable in that 271 court OPENING OF THE CASE BY THE DISTRICT ATTORNEY ....... 363 justice of Supreme Court may preside at, although judge of the Court by whom to be held in the city and county of New York... commissions for oyer and terminer, when issued by the Governor.. their power and jurisdiction...... their power to change the place of trial of indictments 365 425 52 52 55 56 56 56 57 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... |