New York Criminal Reports: Reports of Cases Decided in All Courts of the State of New York Involving Questions of Criminal Law and Practice with Notes and References, Volume 5

Front Cover
W.C. Little & Company, 1888 - Criminal law
 

Other editions - View all

Common terms and phrases

Popular passages

Page 3 - It may be that it is the obnoxious thing in its mildest and least repulsive form ; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedDissenting Opinion : Shiras, Gray, White, JJ.
Page 247 - But, on the other side, if she be of evil fame, and stand unsupported by others ; if she concealed the injury for any considerable time after she had opportunity to complain ; if the place, where the fact was...
Page 573 - But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. A person so testifying to the giving of a bribe which has been accepted, shall not thereafter be liable to indictment, prosecution or punishment for that bribery, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution.
Page 367 - When an offense involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured, or intended to be injured, or of the place where the offense was committed, or of the property involved in its commission is not material.
Page 109 - The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment.
Page 333 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Page 272 - In its enlarged, and perhaps its literal sense, the term ' bill of credit ' may comprehend any instrument by which a State engages to pay money at a future day ; thus including a certificate given for money borrowed. But the language of the Constitution itself, and the mischief to be prevented, which we know from the history of our country, equally limit the interpretation of the terms. The word
Page 56 - ... 2. Having in his possession, custody, or control, as a bailee, servant, attorney, agent, clerk, trustee, or officer of any person, association, or corporation, or as a public officer, or as a person authorized by agreement, or by competent authority, to hold or take such possession, custody, or control, any money, property, evidence of debt or contract, article of value of any nature, or thing in action or possession, appropriates the same to his own use, or that of any other person other than...
Page 56 - ... withholds, or appropriates to his own use, or that of any person other than the true owner, any money, personal property, thing in action, evidence of debt or contract, or article of value of any kind...
Page 363 - A person who : 1. With intent to commit a crime therein, breaks and enters a building, or a room, or any part of a building; or, 2. Being in any building, commits a crime therein and breaks out of the same, Is guilty of burglary in the third degree.

Bibliographic information