Penal Code of the State of New York as Amended To, and Including, 1888; With References to Decisions - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888. Excerpt: ... § 469. Motion, when and how made. The motion must be made, before or at the time when the defendant is called for judgment. If made before, it must be on notice to the district attorney, or in his presence. § 470. Defendant, when to be held or discharged. When judgment is arrested, and it appears that there is not evidence sufficient to convict the defendant of any crime, he must, if in custody, be discharged; or, if under bail, his bail must be exonerated; or, if money has been deposited instead of bail, it must be refunded; and in such case the arrest of judgment operates as an acquittal of the charge upon which the indictment was found; but, if there is reasonable ground to believe the defendant guilty, and a new indictment can be framed upon which he may be convicted, the court may order him to be re-committed or admitted to bail anew to answer the new indictment; if there is reasonable ground to believe him guilty of another crime, he must be committed or held to answer therefor; and in no case, when re-committed or held to answer, is the former verdict a bar to a new indictment. TITLE IX. Of The Judgment And Execution. Chapter I. The judgment. II. The execution. CHAPTER I. The Judgment. Time for pronouncing judgment, to be appointed by the court. Same. In felony, defendant must be present. In misdemeanor, judgment may be pronounced in his absence. When defendant is in custody, how brought before the court for judgment. How brought before the court, when he is on bail. Bench warrant to issue. Form of bench warrant. Service of the bench warrant. Same. Arraignment of defendant for judgment. Section 471. 472. 473. 474. 475. 476. 477. 478. 479. 480. 481. What cause may be shown against the judgment. 482. If no sufficient cause shown, judgment t...
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