XII. Disposal of property, stolen or embezzled........... 685-691 XIII. Reprieves, commutations and pardons ............ 692-698 OF PROCEEDINGS IN COURTS OF SPECIAL SESSIONS AND POLICE COURTS. TITLE I. - OF THE PROCEEDINGS IN COURTS OF SPECIAL SESSIONS IN THE COUNTIES OTHER THAN NEW YORK ......... 699-740 L OF THE PROCEEDINGS IN THE COURTS OF SPECIAL SES- SIONS IN THE CITY AND COUNTY OF NEW YORK ....... 741-748 III. OF APPEALS FROM THE COURTS OF SPECIAL SESSIONS... 749-772 OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. TITLE I. - OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS, 773-790 III. - OF THE OUTLAWRY OF PERSONS CONVICTED OF TREASON, 814-826 OF PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE. CHAPTER I. Fugitives from another state or territory, into this II. Fugitives from this state into another state or territory, 836-837 TITLE V. - OF PROCEEDINGS RESPECTING BASTARDS. CHAPTER I. Proceeding before magistrates, respecting bastards... 838-860 bastard or its mother, or for appearance on appeal.. 881-886 TITLE VI. - OF PROCEEDINGS RESPECTING VAGRANTS............ 887-898 IX-OF PROCEEDINGS RESPECTING MASTERS, APPRENTICES AND SERVANTS 927-940 .... X-OF CRIMINAL STATISTICS. 941-949 XI. - MISCELLANEOUS PROVISIONS RESPECTING SPECIAL PRO- CEEDINGS OF A CRIMINAL NATURE 950-952 GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THIS CODE. Abatement of nuisance....... No part of this Code retroactive, unless expressly so declared....... SECTION. 953 954 Present tense includes future, etc.. ..... 955 Definition of "writing" Definition of "oath" THE CODE OF CRIMINAL PROCEDURE OF THE STATE OF NEW YORK. 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. No person punishable but on legal conviction. 4. Crimes, how prosecuted. 5. Criminal action defined. . 6. Parties to a criminal action. 7. The party prosecuted known as defendant. 8. Rights of defendant in a criminal action. 9. Second prosecution for the same crime prohibited. 10. No person to be a witness against himself in a criminal action or to be unnecessarily restrained. SECTION 1. Title of the Code. This act shall be known as the Code of Criminal Procedure of the State of New York. This Code is general in its nature, purports to apply to all criminal proceedings, and was passed for the purpose of blending into one intelligent and consistent act, all the various proceedings necessary, in administering the criminal law. Fraser v. Board, etc., 17 State Rep. 875. : § 2. Divisions of the Code. - This Code is divided into six parts. The first relates to the courts having original jurisdiction in criminal actions; The second relates to the prevention of crime; The third relates to the 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 special sessions and police courts; The sixth relates to special proceedings of a criminal nature. This Code has jurisdiction of every indictment found after it went into effect regardless of when the crime was committed. People v. Petrea, 92 Ν. Y. 128; 65 How. Pr. 59; 1 N. Y. Cr. Rep. 233. § 3. No person punishable but on legal conviction. No person can be punished for a crime except upon legal conviction in a court having jurisdiction thereof. See State Const., art. 1, § 1; Fed. Const., fifth amendment; Penal Code, § 9 and note; Cameron v. Tribune Ass'n, 27 State Rep. 912; 55 Hun, 607. In People, ex rel. McDonald, v. Keeler, 32 Hun, 594, the court say: "It is the very basis of liberty, that no person shall be imprisoned unless the right to imprison him has been or may be determined by the judiciary. People v. Brady, 56 N. Y. 182; Taylor v. Porter, 4 Hill, 140; Const., art. 1, § 1. It must be for the courts to decide whether he is deprived of his rights 'by the law of the land.' Otherwise the legislature might pass a law to imprison a man with or without cause and he would be remediless." § 4. Crimes, how prosecuted. - A crime must be prosecuted by indictment, except: 1. Where proceedings are had for the removal of a civil officer of the state on impeachment by the assembly for willful or corrupt misconduct in office; 2. Where proceedings are had for the removal of justices of the peace, police justices and justices of justices' courts and their clerks; 3. A crime arising in the militia when in actual service, and in the land and naval forces in time of war, or which this state may keep with the consent of congress in time of peace; 4. Such crimes as are hereinafter or in special statutes specified as cognizable by courts of special sessions and police courts. |