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XLI. Punishment on conviction
XLII. Of the acquittal of the defendant, and concerning costs
XLIII. Judgment how executed
XLIV. Payment, and accounting for fines
XLV. Records of conviction
XLVI. When filed
XLVII. Certificate how far evidence
219
-
223
XLVIII. Special provisions in relation to courts of special sessions in the
XLIX. Fees of justices in criminal cases, and of courts of special
sessions
CHAPTER XI.
OF THE REMOVAL BY CERTIORARI OF THE PROCEEDINGS
AND JUDGMENT UPON CONVICTIONS IN THE COURTS
OF SPECIAL SESSIONS AND POLICE COURTS INTO THE
COURTS OF SESSIONS.
V. Service of the writ and affidavit on the magistrate
VI. Return to the writ and filing of papers
VII. Return, how compelled
VIII. Service of papers and notice of argument
IX. Duty of the district attorney
X. Hearing on the return by the court of sessions
XI. Staying execution on conviction
XII. Discharging prisoner
XIII. Filing the recognizance
XIV. Proceedings on the recognizance
XV. Judgment
XVI. Proceedings on the judgment
XVII. Quashing the certiorari
CHAPTER XII.
OF THE PRACTICE AND PROCEEDINGS IN COURTS OF OYER AND
TERMINER AND COURTS OF SESSIONS, UPON THE FINDING,
PRESENTMENT AND TRIAL OF INDICTMENTS.
SECTION I.
OF THE PROCEEDINGS FROM THE ORGANIZATION OF THE COURT DOWN TO THE
FINDING AND PRESENTMENT OF THE INDICTMENT.
PAGE
SECTION I. The district attorney's precept for courts of oyer and terminer 234
II. Proclamation by crier of the court
III. Calendar of persons confined in jail to be furnished courts of
oyer and terminer and sessions
IV. Of empanneling the grand jury -
V. Of the grand jury
VI. Of the return and summoning of the grand jurors
VII. Of hearing excuses by the grand jurors
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236
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238
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240
VIII. Of challenges to the grand jurors
XV. Of the time within which the indictment may be found
XVI. Of the county in which the indictment is to be found
XVII. Presentment of the indictment
243
244
- 245
OF THE PROCEEDINGS FROM THE PRESENTMENT OF THE INDICTMENT
DOWN TO THE TRIAL.
SECTION
XVIII. Compromising certain offences after indictment found
XIX. Persons not indicted to be discharged
XX. Discharged and acquitted prisoners not to pay fees
XXI. Bringing the prisoner from the court to the jail
.XXII. Of the bench warrant
XXIII. Bench warrant, how directed
XXIV. Arrest upon the bench warrant
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258
- 259
260
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261
- 261
XXV. Of the arrest of the defendant when he has fled from the State 262
XXVI. Compelling the appearance of corporations when indicted
XXVII. Of the arraignment of the defendant
XXVIII. Persons imprisoned on conviction may be arraigned and tried
for an offence committed in prison
XXIX. Defendant entitled to copy of the indictment
XXX. Indictments, when and how quashed
XLIII. Of the plea of pardon -
XLIV. Of replications to special pleas, and joinders to demurrers
XLV. Bailing the defendant after indictment
273
- 273
276
- 276
284
286
287
- 287
288
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289
XLVI. Power of courts of oyer and terminer and courts of sessions to
- 291
XLVII. By whom bail may be taken after the adjournment of the court 289
XLVIII. In such cases recognizances to be filed -
XLIX. Of the discretionary power to bail
LI. Of the surrender of the prisoner by his bail
LII. General requisites and validity of recognizances
LIII. Recognizances, how taken
LIV. Of the lien of recognizances upon real estate
LV. Recognizance, when forfeited
LVI. Estreating the recognizance
LVII. Forfeited recognizances, how remitted
LVIII. Suits on recognizances
LIX. Postponing the trial on the defendant's application
LX. Trial postponed by neglect of prosecutor
LXI. Prisoner, when entitled to release by neglect to try him
LXII. The trial being postponed, witnesses to be recognized to appear
312
at trial
LXIII. Witnesses in such cases to be attached and prosecuted for
failure to appear ·
314
LXIV. Prisoners in jail allowed to converse with their counsel
LXV. Prisoners, when not to be removed by habeas corpus during
session of oyer and terminer
- 314
315
LXVI. Of subpoenas for witnesses for the people
LXVII. Subpoenas for the defendant, and how issued
LXVIII. Witnesses in a foreign country
LXIX. Fees not to be tendered witness
LXX. Disobedience of subpoena
- 315
- 316
316
LXXI. Prisoners may also be brought before courts as witnesses
LXXII. Foreign and poor witnesses, how paid
LXXIV. Of the examination of witnesses conditionally for the defendant 319
LXXV. Of the removal of indictments before trial from the court of
sessions to the court of oyer and terminer
LXXVI. Contents of the application
LXXVII. When order to be granted
LXXVIII. Recognizance thereon
LXIX. Filing the recognizance and delivery of the order
- 319
321
- 321
322
LXXX. Of the removal of indictments from the court of oyer and
terminer to the Supreme Court before trial
LXXXI. Recognizance upon such certiorari
LXXXII. When such recognizance not required
LXXXIII. Proceedings after removal into Supreme Court -
LXXXIV. Of changing the place of trial
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323
SECTION III.
OF THE PROCEEDINGS FROM AND INCLUDING THE TRIAL DOWN TO AND
INCLUDING THE VERDICT.
LXXXV. Of the trial of the indictment
LXXXVI. Certain provisions in civil cases, adopted on the trial of the
LXXXVII. Defendant to be present at trial
LXXXVIII. Of separate trials by defendants jointly indicted
LXXXIX. Proceedings, when prisoner is insane at the trial
XC. Of the right of trial by jury
XCI. Of the return and summoning of jurors
XCII. Of the qualifications of jurors and discharging and excusing
them from jury duty
a. What jurors to be discharged
b. What jurors to be excused
XCIII. Clerk's address to prisoner before calling the jury
XCIV. Of challenges to the jurors
XCV. Of the kinds of challenge allowed to the people
XCVI. Of the kinds of challenge allowed to the prisoner
XCVII. Of challenges to the array
XCVIII. Of challenge to the polls
a. Bias, on the juror's mind on the question whether
or not the prisoner is guilty
b. Bias which comes from relationship
347
349
c. That the juror has a pecuniary or other interest in
the event of the action
- 349
d. That the juror has passed upon the same question
while serving in some other capacity
e. Bias from particular opinions concerning the law
f. Social and civil connections
350
- 350
351
CVI. Compelling the district attorney to elect on which of several
counts in the indictment he will proceed -
362
CVII. Of exceptions by the defendant upon the trial
CVIII. Opening of the case by the district attorney
- 362
363
CIX. Of the examination of the witnesses for the prosecution
CX. Discharging one of several defendants
365
CXI. Of the opening of the case by the defence and the witnesses for
the prisoner, and of witnesses in reply
- 365
CXII. The addresses to the jury by the counsel
CXVII. Retirement of the jury
CXIX. Rendition of the verdict
CXX. Of the verdict
CXXI. Verdict on several counts of the indictment
CXXII. Verdict against one of several defendants
CXXIII. Verdict for a less offence than is charged
CXIII. Of the adjournment of court during the trial
CXIV. Of the separation of the jury during the trial
CXV. The judge's charge to the jury-
CXVI. The deliberations of the jury
CXVIII. Of discharging the jury in case of their inability to agree
- 375
375
- 378
380
- 381
CXXIV. Verdict shall not be for an attempt, when offence is perpetrated 384
CXXV. Special verdict
CXXVI. Polling the jury
CXXVII. Motion in arrest of judgment
SECTION IV.
OF THE SENTENCE AND PUNISHMENT.
CXXVIII. Pronouncing the sentence
CXXIX. Of the sentence or judgment
CXXX. Sentence to expire between March and November
384
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386
- 389
392
- 393