In the Oyer and Terminer, or in some court having the same
jurisdiction.
Q. What privilege has the prisoner if convicted?
A. He has the right to appeal to the Justice holding a special
term, asking for a new trial.
Q. Should this Justice refuse to grant it, what further can he do?
A. Appeal to the General Term.
Q. It the General Term refuse, what then?
A. It can be taken to the Court of Appeals.
Q. If the Court of Appeals refuse to grant a new trial, what then?
A. The decision of the Oyer and Terminer must be carried out
unless the Governor interferes.
Q. In case the penalty is death and the day for execution has
passed, what then?
A. The prisoner must be re-sentenced by the judge that presided at
the trial.
Q. In case either of the Appellate Courts grants a new trial, what
is to be done?
A. The cause will be tried in the same court, or, in one having
the same jurisdiction, but before a different jury.
Q. How are civil causes managed on appeal?
A. In the same way, only that the court may affirm or reverse
decisions as well as grant new trials.
A FEW COMPARISONS BETWEEN THE STATE AND NATIONAL GOVERNMENTS.
Q. Name one similarity between the State and National governments?
A. Each has three divisions, the Legislative, Executive and
Judiciary.
Q. Name a similarity in the Legislative department?
A. Each has two branches.
Pages:
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57