Digest of Criminal Decisions of the State of New York

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Where the offense is created by statute, or the stat- ute declares a common law offense, committed under peculiar circumstances not necessarily included in the original offense, punishable in a different manner from what it would be punished without such circumstances; or where the nature of the common law offense is changed by statute "from a lower to a higher grade, as where a misdemeanor is declared a felony, the indictment must be drawn in reference to the provisions of the statute, and con...clude contra formam statuti; but where the statute is 440, HOMICIDE.
•only decla/natory of what was previously an offense at common law, without addiny to or altering the punishment, the indictment need not conclude contra formam,kc. id.
50. "Where the execution of the sentence of a convict is respited by the governor, for the purpose of having the conviction reviewed by an appellate court, it is the duty of the sheriff to execute the sentence of the court on the day to which the execution is respited, unless the judg- ment be reversed or annulled, or a further respite be granted ; and it is not necessary, in such case, that the convict be previously brought into court by habeas cor- pus, id.


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