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absence accused acquittal affidavit alleged allowed appear application arraignment asked attorney authorities called cause challenge charged cited committed common constitutional continuance conviction counsel court crime criminal defendant defendant's demurrer denied discharge discretion disqualify district effect entered entitled error evidence examination fact felony formed former further grand jury granted ground guilty held holding indictment Iowa issue jeopardy judge judgment jurisdiction juror Mass matter motion murder N. Y. Code Crim objection offense officer opinion party peremptory challenges permit person plea plead postponement present prisoner Proc proper properly prosecution provides qualified quash question reason record refuse render reversed rule selected separate shown Stat statute subsequent sufficient sustained sworn taken term testimony tion trial tried United unless verdict waived witness York
Sida 137 - 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.
Sida 379 - Columbia, the person so charged shall, at his own request, but not otherwise, be a competent witness. And his failure to make such request shall not create any presumption against him.
Sida 695 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Sida 389 - A person who has been convicted of a crime or misdemeanor is. notwithstanding, a competent witness in a civil or criminal action or special proceeding: but the conviction may be proved, for the purpose of affecting the weight of his testimony, either by the record, or by his cross-examination, upon which he must answer any question, relevant to that inquiry ; and the party cross-examining him is not concluded, by his answer to such a question.
Sida 122 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Sida 372 - No person shall be disqualified as a witness in any criminal case or proceeding by reason of his interest in the event of the same, as a party or otherwise, or by reason of his having been convicted of any crime; but such interest or conviction may be shown for the purpose of affecting his credibility...
Sida 667 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Sida 282 - You shall well and truly try, and true deliverance make, between our Sovereign Lord the King and the prisoner at the bar, whom you shall have in charge, and a true verdict give, according to the evidence. So help you God.
Sida 374 - no person shall be disqualified as a witness, in any civil action or proceeding, by reason of his interest in the event of the same, as a party, or otherwise, or by reason of his conviction of a crime ; but, such interest or conviction may be shown for the purpose of affecting his credibility.