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THE CODE

OF

CRIMINAL PROCEDURE.

THE CODE

OF

CRIMINAL PROCEDURE.

AN ACT

To Establish a Code of Criminal Procedure.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

PRELIMINARY PROVISIONS.

SECTION 1. Title of the code.

2. Divisions of the code,

3. Definition of a public offence.

4. Division of public offences.

5. Definition of a felony.

6.

Definition of a misdemeanor.

7. No person punishable, but on legal conviction.

8. Public offences, how prosecuted.

9. Criminal action defined.

10. Parties to a criminal action.

11. The party prosecuted known as defendant.

12. Rights of defendant, in a criminal action.

13. Second prosecution for the same offence, prohibited.

14. No person to be a witness against himself, in a criminal action, or to be unnecessarily restrained.

15. No person to be convicted, but upon verdict or judgment.

1. This act shall be known as THE CODE OF CRIMINAL

PROCEDURE OF THE STATE OF NEW-YORK.

§ 2. This code is divided into seven parts.

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The first relates to the courts having original jurisdiction of criminal actions.

The second relates to the prevention of public offences.

The third relates to judicial proceedings, for the removal of public officers by impeachment or otherwise.

The fourth relates to the proceedings in criminal actions prosecuted by indictment.

The fifth relates to proceedings in the police courts. The sixth relates to special proceedings of a criminal nature.

The seventh relates to costs in criminal actions, and in proceedings of a criminal nature.

§3. A crime or public offence is an act or omission forbidden by law, and to which is annexed, upon conviction, either of the following punishments:

1. Death:

2. Imprisonment:

3. Fine:

4. Removal from office: or,

5. Disqualification to hold and enjoy any office of honor, trust or profit under this state.

This section embraces the definition of a public offence, in accordance with that given by Mr. Livingston, Crim. Code, p. 375, art. 75, except that it is adapted to the punishments prescribed by the statutes of this state. It includes also, under the head of crimes or public offences, all violations of public law, whether punishable by death, imprisonment or

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