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" A confession of a defendant, whether in the course of judicial proceedings or to a private person, can be given in evidence against him, unless made under the influence of fear produced by threats, or unless made upon a stipulation of the district attorney,... "
The Northeastern Reporter - Σελίδα 502
1886
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Reports of Cases Argued and Determined in the Commission of ..., Τόμος 194

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1909 - 764 σελίδες
...produced by threats under the provisions of section 395 of the Code of Criminal Procedure. That section provides as follows : "A confession of a defendant,...proof that the crime charged has been committed." No claim is made on behalf of the defendant that any stipulation of the district attorney had been...

The New York Justice's Manual, Containing All the Laws of the State Relating ...

New York (State) - 1881 - 946 σελίδες
...continued as there defined. 8 395. A confession of a defendant, whether in the confession . . of defend- 1 course of judicial proceedings or to a private person,...additional proof that the crime charged has been committed. 8 396. Upon a trial for treason the defendant cannot be Evidence .1 • /. • on trlal convicted,...

Laws of the State of New York, Τόμος 2

New York (State) - 1881 - 276 σελίδες
...private person, can be % wk^ given in evidence against him, unless made under the influ- effect!8 ence of fear produced by threats, or unless made upon a...additional proof that the crime charged has been committed. S 396. Upon a trial for treason the defendant cannot be Evidence . -i T , . on trial convicted, except...

The Code of Criminal Procedure of the State of New York: Being Chapter 442 ...

New York (State) - 1881 - 270 σελίδες
...be ^"men'ce 611 . of def endgiven in evidence .against him, unless made under the influ- IgeJt? ence of fear produced by threats, or unless made upon a...additional proof that the crime charged has been committed. § 396. Upon a trial for treason the defendant cannot be Evidence convicted, except upon the testimony...

The Code of Criminal Procedure of the State of New York: Being Chapter 442 ...

New York (State). - 1881 - 278 σελίδες
...private person, can be ""fj^6" Driven in evidence against him, unless made under the influ- effect!3 ence of fear produced by threats, or unless made upon a...additional proof that the crime charged has been committed. if 39G. Upon a trial for treason the defendant cannot be Evidence . , , . . °n trial Evidence on trial...

A Treatise on the Criminal Law and Criminal Courts of the State of ..., Τόμος 2

Oliver Lorenzo Barbour - 1883 - 840 σελίδες
...East's P. ('. . 659. (n) 2 Car. & h , 225. (n) Queen Y. Garner, 12 Jnr., 944. 8 New Seas. Can.. 329. made under the influence of fear produced by threats,...additional proof that the crime charged has been committed. (§ 395.) (3) A prosecuting officer can not be admitted to testify against a prisoner, npon the trial,...

Reports of Cases Decided in the Court of Appeals of the State of ..., Τόμος 91

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1883 - 790 σελίδες
...made upon a stipulation of the district attorney, that he shall not be prosecuted therefor ; but it is not sufficient to warrant his conviction without...proof that the crime charged has been committed." The crime in this case was committed after the Code Opinion of the Court, per RUGER, Ch. J. took effect...

New Cases Selected Chiefly from Decisions of the Courts of the ..., Τόμος 12

Austin Abbott - 1883 - 602 σελίδες
...made upon a stipulation of the district attorney, that he shall not be prosecuted therefor ; but it is not sufficient to warrant his conviction, without additional proof that the crime charged ha3 been committed." The crime in this case was committed after the Code took effect, and is therefore,...

New York Criminal Reports: Reports of Cases Decided in All Courts ..., Τόμος 23

1910 - 688 σελίδες
...produced by threats under the provisions of section 395 of the Code of Criminal Procedure. That section provides as follows: " A confession of a defendant,...proof that the crime charged has been committed." No claim is made on behalf of the defendant that any stipulation of the district attorney had been...

New York Criminal Reports: Reports of Cases Decided in All the ..., Τόμος 9

1896 - 620 σελίδες
...to a private person, can be given in evidence against him, unless — and this is the exception — made under the influence of fear produced by threats,...proof that the crime charged has been committed.' In other words, that the crime itself has been committed by somebody. The authorities go a little further...




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