The Code of Criminal Procedure and Penal Code of the State of New York: As Amended and in Force, 1893H. B. Parsons, 1893 - 598 páginas |
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Página 151
... doubt as follows : " It is not a mere guess or surmise that a man may not be guilty ; it is such a doubt as a reasonable man may entertain after a fair review and consideration of the evidence . A doubt for which some good reason ...
... doubt as follows : " It is not a mere guess or surmise that a man may not be guilty ; it is such a doubt as a reasonable man may entertain after a fair review and consideration of the evidence . A doubt for which some good reason ...
Página 152
... doubt , if guilt means doubt , suggested by or arising out of the proof made , and that in considering the evidence and arriving at a verdict , " what is called common sense is perhaps the juror's best guide . " Densmore v . State , 67 ...
... doubt , if guilt means doubt , suggested by or arising out of the proof made , and that in considering the evidence and arriving at a verdict , " what is called common sense is perhaps the juror's best guide . " Densmore v . State , 67 ...
Página 153
... doubt of the guilt of the prisoner , they must acquit . " The court replied : " I have so charged already . " Held , that this was equiva- lent to saying that his intention on the whole was to so instruct the jury , and if the jury ...
... doubt of the guilt of the prisoner , they must acquit . " The court replied : " I have so charged already . " Held , that this was equiva- lent to saying that his intention on the whole was to so instruct the jury , and if the jury ...
Página 154
... doubt of the guilt of the accused he is entitled to the benefit of that doubt as well with respect to the degree of crime as to every essential requisite of that degree , and in these respects the burden never shifts from the ...
... doubt of the guilt of the accused he is entitled to the benefit of that doubt as well with respect to the degree of crime as to every essential requisite of that degree , and in these respects the burden never shifts from the ...
Página 170
... instructs them that they must find it beyond a reasonable doubt , he cannot be required to sub - divide it , and charge separately as to each of the elements necessary to constitute the crime , that 170 THE CODE OF CRIMINAL PEOCEDURE.
... instructs them that they must find it beyond a reasonable doubt , he cannot be required to sub - divide it , and charge separately as to each of the elements necessary to constitute the crime , that 170 THE CODE OF CRIMINAL PEOCEDURE.
Palavras e frases frequentes
acquittal adjournment affidavit aforesaid Albany appear arrest Barb bench warrant cause certificate challenge CHAPTER city and county city court clerk Code Crim Code of Criminal committed complaint Const conviction counsel county judge court of oyer court of sessions court of special criminal action Criminal Procedure custody defendant depositions discharged disorderly person district attorney duly sworn evidence ex rel examination execution facts felony filed forthwith grand jury guilty held hereby impeachment indictment indorsed issued John Doe judgment jurisdiction jurors last section magistrate ment misdemeanor N. Y. Cr oath offense oyer and terminer Park party peace officer peremptory challenge plea plead police courts police justice present prisoner Proc proceedings prosecution provided in section punishment RENSSELAER COUNTY resides sheriff special sessions statute Subscribed and sworn sufficient supreme court sureties taken testimony therein thereof tion trial undertaking verdict Wend witness York
Passagens conhecidas
Página 262 - He shall annually communicate to the Legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve, with his reasons for granting the same.
Página 169 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Página 342 - neglect," "negligence," "negligent," and "negligently" import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns; 3.
Página 284 - Whenever a coroner is informed that a person has been killed or dangerously •wounded by another, or has suddenly died under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by the act of another by criminal means, or has committed suicide...
Página 117 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.
Página 44 - But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying.
Página 33 - ... intimidation upon or against any person in order to induce or compel such...
Página 297 - Signs the name of a fictitious person to any subscription for, or agreement to take, stock in any corporation, existing or proposed; or, 3.
Página 260 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Página 523 - Revolt, or conspiracy to revolt by two or more persons on board a ship on the high seas, against the authority of the master...