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THE

CODE OF CRIMINAL PROCEDURE

OF THE

STATE OF NEW YORK.

AS AMENDED,
Including 1893, 1894, 1895, 1896, 1897, 1898, 1899, 1900, 1901,

1902, 1903, 1904, 1905 and 1906.

WITH NOTES OF DECISIONS,

A TABLE OF SOURCES,

COMPLETE SET OF FORMS.

AND

A FULL INDEX.

TWENTY-FIFTH REVISED EDITION

BANKS & COMPANY
ALBANY N. Y.

1906

Copyright, 1881, 1882, 1883, 1884, 1885, 1886, 1887, 1888,
1889, 1890, 1891, 1892, 1893, 1894, 1895, 1896, 1897, 1898,

By BANKS & BROTHERS.

Copyright, 1899, 1900, 1901, 1902, 1903,

By BANKS & COMPANY.

Copyright, 1904,
By BANKS & COMPANY.

COPYRIGHT, 1905,
BY BANKS & COMPANY.

COPYRIGHT, 1906,
BY BANKS & COMPANY.

12345

LIBRARY OF THE
LLAND STANFORD, JR., UNIVERSITY

LAW DEPARTMENT.

CERTIFICATE.

88.:

STATE OF NEW YORK,

OFFICE OF THE SECRETARY OF STATE, ) I, John T. McDonough, Secretary of State, do hereby certify that the following book contains a correct transcript of the Code of Criminal Procedure, passed June 1, 1881, and the acts amendatory thereof.

In witness whereof, I have hereunto set my signature, at the city of Albany, this twelfth day of June, in the year one thousand eight hundred and ninety-nine.

JOHN T. MCDONOUGH,

Secretary of States

EDITORIAL NOTE TO THE 14th EDITION.

As the amendments to the Code of Criminal Procedure are very numerous this year, owing to the passage of chapter 880 of the Laws of 1895, which was drawn to make the Code conform to the amended Constitution of 1894, it may be well to add a word in relation to the provisions of the last named law of 1895, so that the changes made in the criminal law of procedure may be apparent to those who use this Code. The intention of the framers of chapter 880 of the Laws of 1895, was merely to make such changes in the Code, as were rendered necessary by the changed nomenclature of the courts in theConstitution of 1894, and in the act last mentioned, section two expressly provides, “that if a section of the Code of Criminal Procedure which is amended by this act, (chapter 880 of 1895,) is also amended by any law passed at the session of the Legislature at which this act is passed, such other law shall be deemed to supersede the provisions of this act amending the same sections, whether such other law takes effect before or after this act, and the amendment made by this act shall be of no force or effect." The Legislature saw fit only to pass two such laws, and they amended sections thirty-nine and five hundred and twenty-eight of this Code. It may be well also to add, that chapter 96 of 1854, chapter 57 of 1874, chapter 219 of 1883, chapter 242 of 1888 and chapter 243 of 1888, were repealed by chapter 946 of 1895, to take effect January 1, 1896, although such repeals apply more particularly to the Code of Civil Procedure. (Ed.)

TABLE

SHOWING IMPORTANT CONSTITUTIONAL AND STATUTORY

SOURCES OF THE SECTIONS OF THIS CODE.

(All references to the Revised Statutes, are to Banks & Brothers' Sixth Edition.]

$ 3.

N. Y. Const., Art. I, § 1.

1 $ 15.

Id., $ 3.

8 4.

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$ 16. Id., Art. 1, § 6; Art. VI, § 18; Id., § 4. Art. X, § 1.

§ 17. $ 8.

1 3 R. S., 183, § 10. U. S. Const., Art. VI; N. Y. Const., Art. I, § 6; 1 R. S., 376, § 18. ♡ 14.

Id., § 14.

$ 9.

$ 19. N. Y. Const., Art. I, § 6; 1 R. Id., $ 15. S., 376, § 13.

$ 20. $ 10.

Id., $$ 7, 9. U. S. Const., Art. V; N. Y. . Const., Art. I, § 6.

8 21. $ 11.

3 R. S., 459, $$ 20, 21. See N. Y. Const., Art. VI,

$ 22. $$ 18, 19.

íd., 229, 98 23–26. $ 12. Id., Art. VI, $$ 1, 18.

$ 23.

Id., 227, $$ 18, 19. § 13.

Id., Art. VI, 81; 3 R. S., 182, 1 $ 24. § 1.

Id., 231, § 39. § 14.

$ 25. 3 R. 8., 182, § 3.

| Id., $$ 42, 43.

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