Criminal Proceedings on Indictment and Information (in England and Wales).Stevens and sons, limited, 1904 - 427 pages |
From inside the book
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Page vii
... 69 CHAPTER V. THE TRIAL - ARRAIGNMENT - PREVIOUS DEMURRER - MOTION TO QUASH CHAPTER VI . PLEAS - STANDING MUTE - INSANITY CONVICTION ... .pages 70-89 pages 90-97 PLEAS CHAPTER VII . .pages 98-116 CHAPTER VIII . CHALLENGES ( vii )
... 69 CHAPTER V. THE TRIAL - ARRAIGNMENT - PREVIOUS DEMURRER - MOTION TO QUASH CHAPTER VI . PLEAS - STANDING MUTE - INSANITY CONVICTION ... .pages 70-89 pages 90-97 PLEAS CHAPTER VII . .pages 98-116 CHAPTER VIII . CHALLENGES ( vii )
Page 69
... be , in special circumstances , that a prisoner brought back for trial would be substantially punished , but the case would need to be very exceptional . THE TRIAL : CHAPTER V. ARRAIGNMENT - PREVIOUS CONVICTION- DEMURRER THE INDICTMENT .
... be , in special circumstances , that a prisoner brought back for trial would be substantially punished , but the case would need to be very exceptional . THE TRIAL : CHAPTER V. ARRAIGNMENT - PREVIOUS CONVICTION- DEMURRER THE INDICTMENT .
Page 70
... DEMURRER - MOTION TO QUASH . RULE 106. - The first step in the trial of an accused is the arraignment . I use the term " accused " throughout , as " prisoner " strictly only applies to one charged with felony , and " defendant " to one ...
... DEMURRER - MOTION TO QUASH . RULE 106. - The first step in the trial of an accused is the arraignment . I use the term " accused " throughout , as " prisoner " strictly only applies to one charged with felony , and " defendant " to one ...
Page 74
... Demurrer is derived , in Chitty , Cr . L. Vol . I. p . 439 , from demorari , or demeurer , and signifies that the " party will go no further , because the indictment or proceeding is defective in substance or informal in statement ...
... Demurrer is derived , in Chitty , Cr . L. Vol . I. p . 439 , from demorari , or demeurer , and signifies that the " party will go no further , because the indictment or proceeding is defective in substance or informal in statement ...
Page 75
... demurrer . RULE 115. - A demurrer must be taken before plea pleaded in the High Court it must be written or printed on paper and filed at the Crown Office , and a copy delivered to the opposite side . settled by counsel , it must be ...
... demurrer . RULE 115. - A demurrer must be taken before plea pleaded in the High Court it must be written or printed on paper and filed at the Crown Office , and a copy delivered to the opposite side . settled by counsel , it must be ...
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Criminal Proceedings on Indictment and Information (in England and Wales ... Ernest B. Bowen-Rowlands No preview available - 2017 |
Common terms and phrases
25 Vict accused acquitted affidavit aforesaid alleged allocatur allowed appear application assizes attending Attorney-General bail behalf C. O. Pr Central Criminal Court certificate clerk committed conviction coroner and attorney costs counsel Court of Justice Crown Office Crown side custody defendant demurrer discharged discretion expenses false pretences felony filed give evidence given grand jury guilty habeas corpus held indictment or information infra inquisition issue judge at chambers judgment jurisdiction jurors King's Bench Division Lady the Queen larceny Lord magistrate Majesty's High Court ment misdemeanour motion nolle prosequi notice oath oyer and terminer party peace person plaintiff in error plea plead prisoner proceedings prosecution prosecutors and witnesses quarter sessions quash Queen's Bench Division reason recognizance record removed Royal Courts RULE sect sentence sheriff Short & Mellor solicitor statute Steph summons supra sworn thereof trial unless verdict writ of certiorari writ of error writ of habeas
Popular passages
Page 157 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 313 - EF, if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us [or in the Common Pleas,
Page 372 - the body of CCW detained in our prison under " your custody, as it is said, together with the day and " cause of his being taken and detained...
Page 364 - ... together with this our writ, that we may cause further to be done thereon what of right and according to the law and custom of England we shall see fit to be done.
Page 156 - Officer ; and that where the Offence charged has been created by any Statute, or subjected to a greater Degree of Punishment, or excluded from the Benefit of Clergy by any Statute, the Indictment or Information shall after Verdict be held sufficient to warrant the Punishment prescribed by the Statute if it describe the Offence in the
Page 74 - ... that where the offence charged has been created by any statute, or subjected to a greater degree of punishment, or excluded from the benefit of clergy by any statute, the indictment or information shall after verdict be held sufficient to warrant the punishment prescribed by the statute if it describe the offeuce in the words of the statute.
Page 304 - Whereupon the said Attorney-General of our said Lord the King, who for our said Lord the King in this behalf prosecuteth for our said Lord the King, prayeth the consideration of the Court here in the premises, and that due process of law may be awarded against him the said Thomas Paine in this behalf, to make him answer to our said Lord the King touching and concerning the premises aforesaid.
Page 352 - Lord (a) or at any time afterwards, or over which the said CD on the said day of or at any time afterwards had any disposing power which he might without the assent of any other person exercise for his own benefit...
Page 111 - ... plainly and specially expressed in the warrant of commitment), upon payment or tender of the charges of bringing...
Page 70 - ... nor for want of the statement of the value or price of any matter or thing, or the amount of damage, injury, or spoil, in any case where the value or price, or the amount of damage, injury, or spoil, is not of the essence of the offence.