Reports of Decisions in Criminal Cases Made at Term at Chambers: And in the Courts of Oyer and Terminer of the State of New York [1823-1868], Volume 5William Gould and Son, 1872 - Criminal law |
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Reports of Decisions in Criminal Cases Made at Term at Chambers: And in the ... Amasa Junius Parker,Hugh Fletcher No preview available - 2023 |
Reports of Decisions in Criminal Cases Made at Term at Chambers ..., Volume 6 Amasa Junius Parker,Hugh Fletcher No preview available - 2018 |
Common terms and phrases
affidavit alleged arrest arson authority bank bill of exceptions Branchport Carey certificate charged the jury city and county city judge clerk committed common law confessions Constitution conviction counsel excepted counterfeit county judge Court of Sessions Court of Special court refused court to charge crime criminal defendant excepted defendant's counsel defraud discharge district attorney evidence fact feloniously forged forgery ground guilty habeas corpus held imprisonment indictment intent James Sully Jefferds John John Cramer judgment jurisdiction jurors aforesaid justice larceny Lowenberg marriage ment mortgage motion murder objection offense officer opinion Otsego Otsego county overruled Oyer and Terminer peace Penn Yan person plaintiff in error Plank Road plea pleaded prisoner prisoner's counsel promise of marriage prosecution prosecutrix proved question record refusing to charge requested sentence Smith Special Sessions statute Supreme Court sworn term testified testimony tion trial verdict warrant Wend witness writ of error York
Popular passages
Page 594 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Page 444 - He immediately proceeds to give them a definition of murder in the first degree, and of murder in the second degree as follows, to-wit: "All murder which shall be perpetrated by means of poison, or lying in wait, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree, and all other kinds of murder shall be deemed murder of the second...
Page 600 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 645 - The mode of putting the latter part of the question to the jury on these occasions has generally been whether the accused at the time of doing the act knew the difference between right and wrong...
Page 668 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 173 - ... that the same is true of his own knowledge except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Page 595 - That any order of the President, or under his authority, made at any time during the existence of the present rebellion, shall be a defence in all courts to any action or prosecution, civil or criminal, pending, or to be commenced, for any search, seizure, arrest, or imprisonment, made, done, or committed, or acts omitted to be done, under and by virtue of such order, or under color of any law of Congress...
Page 338 - OP ) being duly sworn, deposes and says that he resides in the of ; that one at in with intent to injure and defraud, feloniously did falsely make, forge and counterfeit, and cause and procure to be falsely made, forged and counterfeited, and willingly act and assist in the false making, forging and counterfeiting...
Page 596 - ... if special bail was originally requisite therein, it shall then be the duty of the state court to accept the surety, and proceed no further in the cause...
Page 594 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute or commission...