 If it appear by the testimony, that the facts proved constitute a crime of a higher nature than that charged in the indictment, the court may direct the jury to be discharged, and all proceedings on the indictment to be suspended, and may order the defendant...  The Southwestern Reporter - Page 3011914Full view - About this book
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...constitute an offence of a higher nature than that charged in the indictment, the court may direct the jury to be discharged, and all proceedings on the...or continued on or admitted to bail, to answer any new indictment which may be found against him for the higher offence. • § 478. If an indictment... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...constitute an offence of a higher nature than that charged in the indictment, the court may direct the jury to be discharged, and all proceedings on the indictment to be superseded, and may order the defendant to be committed or continued on, or admitted to bail, to answer... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...constitute an órlense of a higher nature than that charged in the indictment, the court may direct the , new indictment which may be found against him for the higher oflense. Sec. 380. If an indictment for... | |
 | Colorado, Jefferson Territory - Civil law - 1860 - 312 pages
...constitute an offence of a higher nature than that charged in the indictment, the court may direct the jury to be discharged, and all proceedings on the...suspended, and may order the defendant to be committed, or continue on bail to answer any new indictment which may be found against him for the higher offence.... | |
 | Idaho (Ter.) - Law - 1864 - 762 pages
...that charged in the indictment, the court may direct the jury to be discharged, and all proceeding on the indictment to be suspended, and may order the...or continued on, or admitted to bail, to answer any new indictment which may be found against him for the higher offence. SEC. 367. The court may also... | |
 | Idaho - Law - 1864 - 734 pages
...that charged in the indictment, the court may direct the jury to be discharged, and all proceeding on the indictment to be suspended, and may order the...or continued on, or admitted to bail, to answer any new indictment which may be found against him for the higher offence. SEC. 366. If an indictment for... | |
 | California, Theodore Henry Hittell - Law - 1865 - 662 pages
...offense of a higher nature than that charged in the indictment, the court may direct ™е£^^Ц' the to 2031. SEC. 444. The motion mnst be made before or at the time superseded, culirsoii proved. and may order the defendant to be committed or continued on, or admitted... | |
 | California - Criminal law - 1872 - 698 pages
...than the offense charged in asc the complaint, the Court may order the defendant to be committed/or admitted to bail, to answer any indictment which may be found against him by the GrandJury yd\ Q^~~i Uvj(/T/VU && ^- (.UU^eX. t- y*-< 'u;^ iffi* c*K* 14gO. (§§ 611, 61f4.)... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1885 - 1744 pages
...constitute an offense of a higher nature than that charged in the indictment, the court may direct the jury to be discharged, and all proceedings on the...If an indictment for the higher offense is found by the grand jury impaneled within a year next thereafter, he must be tried thereon, and a plea of a former... | |
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