A Treatise on the Law and Practice of Naval Courts-martialJ. Murray, 1851 - 319 pages |
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Page xiii
... Indictment as Accessory - Page · 112 CHAPTER XIV . OF PLEAS , & c . - Pleas to be pleaded immediately the Court is sworn . -—— Plea to the Jurisdiction in Abatement ; on the Ground of former Acquittal , or former Conviction.- Case of ...
... Indictment as Accessory - Page · 112 CHAPTER XIV . OF PLEAS , & c . - Pleas to be pleaded immediately the Court is sworn . -—— Plea to the Jurisdiction in Abatement ; on the Ground of former Acquittal , or former Conviction.- Case of ...
Page 16
... indictment of a person against whom he has found a true bill ; and the case of officers sitting as mem- bers of a court - martial , for the trial of persons whom they have previously judged at a court of inquiry , may be considered ...
... indictment of a person against whom he has found a true bill ; and the case of officers sitting as mem- bers of a court - martial , for the trial of persons whom they have previously judged at a court of inquiry , may be considered ...
Page 30
... indict- ment cannot regularly be obtained without an order from the court ; and it is a common practice , on the ... indictment , deterreth people from prosecuting for the king upon just occasions . " " ‡ * Vide Appendix , Nos . XII ...
... indict- ment cannot regularly be obtained without an order from the court ; and it is a common practice , on the ... indictment , deterreth people from prosecuting for the king upon just occasions . " " ‡ * Vide Appendix , Nos . XII ...
Page 65
... the obligations and sanctity of the oath by which they are bound . Upon the indictment of several persons on the * 2 Phillips , 431 . F same charge , if there should be no evidence to CHAP . VIII . ] EXAMINATION OF WITNESSES . 65.
... the obligations and sanctity of the oath by which they are bound . Upon the indictment of several persons on the * 2 Phillips , 431 . F same charge , if there should be no evidence to CHAP . VIII . ] EXAMINATION OF WITNESSES . 65.
Page 69
... indictment , to direct an immediate acquittal of those against whom no evi- dence at all shall have been given , because the other prisoners are not to be prejudiced by a wrong indictment having been preferred . For the same reason , I ...
... indictment , to direct an immediate acquittal of those against whom no evi- dence at all shall have been given , because the other prisoners are not to be prejudiced by a wrong indictment having been preferred . For the same reason , I ...
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Common terms and phrases
accessory accused acquitted Act 22 Geo Act of Parliament actual service adjudge Admiralty article of war assemble belonging Boatswain breach capital punishment Captain charge not proved circumstances command commander-in-chief committed conduct convicted Court court-martial crime day of 18 defence desert direct Dismissed his ship Dismissed the service disobedience of orders Drunkenness duty endeavour execution Fcap felony fleet or squadron full pay guilty HAND-BOOK imprisoned indictment jesty's ship day Judge Judge-Advocate jurisdiction jury killed Lieutenant Lord High Admiral Lords Commissioners Majesty Majesty's ship manslaughter Marine martial master ment murder mutiny nature and degree naval courts-martial nishment oath offence opinion party person Post 8vo post-captains president prisoner proceedings prosecution prosecutor Proved Fully proved Proved Proved Proved question racter receive 100 lashes Royal Navy Seaman Second Edition sentence of death service and full severely reprimanded suffer death superior officer sworn tion trial vessels vols witness Woodcuts
Popular passages
Page 132 - ... at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know it that he did not know he was doing what was wrong.
Page 132 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of committing the act, the accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 131 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Page 130 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons : as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit?
Page 134 - ... the English judges replied, "We think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But...
Page 57 - ... on the trial of any issue joined, or of any matter or question or on any inquiry arising in any suit, action or...
Page 132 - ... occasions, has generally been, whether the accused, at the time of doing the act, knew the difference between right and wrong, which mode, though rarely, if ever, leading to any mistake with the jury, is not, as we conceive, so accurate when put generally, and in the abstract, as when put to the party's knowledge of right and wrong, in respect to the very act with which he is charged.
Page 45 - Hilary term, applied at such sittings to put off the trial, on the ground of the absence of a material witness...
Page 155 - But no power on earth, except the authority of parliament, can send any subject of England out of the land against his will; no, not even a criminal.