The Code Of Criminal Procedure And Penal Code Of The State Of New York As Amended At The Close Of The One Hundred And Twenty Eighth Session Of The Legislature

Author : New York
Publisher : Theclassics.Us
ISBN 13 : 9781230325149
Total Pages : 428 pages
Book Rating : 4.3/5 (251 download)

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Download or read book The Code of Criminal Procedure and Penal Code of the State of New York; As Amended at the Close of the One Hundred and Twenty-Seventh Session of the L written by New York and published by Theclassics.Us. This book was released on 2013-09 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...may regulate at pleasure and in which no one can be said to have a vested right. Hopt v. Territory. 110 U. S. 574. In Marion v. State, 20 Nebr. 233, 57 Am. Rep. 825, it was held that where the law in force at the time of the commission of the-alleged offense provided that juries should be the judges of the law, but which law was repealed before the trial, that it was competent for the legislature to make such change, and no error for the trial court to refuse to instruct the jury in the language of the prior law. In People v. Mortimer, 46 Cal. 114, it is said: " It is clear, therefore, that no constitutional difficulty would be encountered in requiring past offenses to be tried under new forms of procedure: and it is equally clear that if such offenses are to be tried only under the old forms, and later offenses under the new, it would or might ' create endless confusion in legal proceedings.' " A statute changing the place of trial from one county to another county in the same district, or even to a different district from that in which the offense was committed or the indictment found, is not an ex post facto law, though passed subsequently to the commission of the offense, or the finding of an indictment. Gut v. State, 9 Wall. 35. A change which precludes a defendant from taking advantage of variances on trial for an offense alleged to have been committed prior to such change is legal, if such variances do not prejudice him. Com. v. Hall, 97 Mass. 570. So of a change which authorizes an amendment of indictment (State v. Corson, 59 Me. 137; Lasure v. State, 19 Ohio St. 43; State v. Manning, 14 Tex. 402); or one which gives the State additional challenges. Walston v. Com., 16 B. Monr. 15; State v. Ryan, 13 Minn. 370; State v. Wilson, 48...