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action admitted Albany allowed answer appear application appointed arrest attend authority bail bastard brought cause certificate challenge CHAPTER charged city and county clerk Code commission committed complaint conviction copy counsel court of oyer court of sessions crime criminal custody defendant deliver depositions direct discharged district attorney duty effect entered evidence examination execution facts felony filed give given grand jury guilty held indictment issue judge judgment jurisdiction juror justice last section magistrate manner matter ment mentioned mother notice oath offense officer otherwise oyer and terminer paid party peace person plea plead police prescribed present prison proceed proceedings prosecution punishment reasonable received record removed rendered residence respect served sheriff signed special sessions statement sufficient supreme court sureties taken term thereof tion TITLE town trial tried undertaking unless verdict warrant witness York
Halaman 110 - If the jury persist in finding an informal verdict, from which, however, it can be clearly understood, that their intention is to find in favor of the defendant, upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given, unless the jury expressly find against the defendant, upon the issue, or judgment be given against him on a special verdict.
Halaman 168 - Order for its delivery to owner. — On satisfactory proof of the title of the owner of the property, the magistrate before whom the information is laid, or who examines the charge against the person accused of stealing or embezzling...
Halaman 71 - A member of the grand jury may, however, be required by any court, to disclose the testimony of a witness examined before the grand jury, for the purpose of ascertaining whether it is consistent with that given by the witness, before the court; or to disclose the testimony given before them by any person, upon a charge against him for perjury in giving his testimony, or upon his trial therefor.
Halaman 77 - In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the...
Halaman 77 - In pleading a private statute, or a right derived therefrom, it is sufficient to refer to "the statute, by its title and the day of its passage, and the court must thereupon take judicial notice thereof.
Halaman 108 - ... a special verdict is that by which the jury find the facts only, leaving the judgment to the court.
Halaman 73 - The indictment must contain: 1. The title of the action, specifying the name of the court to which the indictment is presented, and the names of the parties; 2. A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
Halaman 235 - signature " includes a mark, when the person cannot write ; his name being written near it, and the mark being witnessed by a person who writes his own name as a witness...
Halaman 76 - Words used in a statute to define a public offense need not be strictly pursued in the indictment or information, but other words conveying the same meaning may be used. 1880 — 13. 959. The indictment or information is sufficient if it can be understood therefrom: 1. That it is entitled in a court having authority to receive it, though the name of the court be not stated.