Criminal Process: Or, A View of the Whole Proceedings Taken in Criminal Prosecutions, from Arrest to Judgment and Execution : Intended as an Introduction to the Study and Practice of Crown Law, 285. osaW. G. Benning & Company, 1853 - 160 pages |
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Page 40
... it down in writing , so that if he wished to plead autrefois acquit , the indictment may be taken down , so as to be correctly stated in the plea . Upon this , the clerk says , " How say you 40 ARRAIGNMENT OF PRISONER .
... it down in writing , so that if he wished to plead autrefois acquit , the indictment may be taken down , so as to be correctly stated in the plea . Upon this , the clerk says , " How say you 40 ARRAIGNMENT OF PRISONER .
Page 42
... plea must always be pleaded before the general issue , because by pleading Not Guilty , the defendant admits the power of the court to try him . To this plea of jurisdiction the crown may demur or reply instanter ; and if the court ...
... plea must always be pleaded before the general issue , because by pleading Not Guilty , the defendant admits the power of the court to try him . To this plea of jurisdiction the crown may demur or reply instanter ; and if the court ...
Page 43
... plea of autrefois acquit is founded upon the principle , that no man shall be placed in peril more than once upon the same accusation . In order to entitle a prisoner to this plea , it is neces- sary that the crime charged be precisely ...
... plea of autrefois acquit is founded upon the principle , that no man shall be placed in peril more than once upon the same accusation . In order to entitle a prisoner to this plea , it is neces- sary that the crime charged be precisely ...
Page 44
... plea of Not Guilty is called the general issue , and is pleaded by the prisoner , viva voce , at the bar . This plea makes it incumbent on the prosecutor to prove every fact and circumstance constituting the offence alleged in the ...
... plea of Not Guilty is called the general issue , and is pleaded by the prisoner , viva voce , at the bar . This plea makes it incumbent on the prosecutor to prove every fact and circumstance constituting the offence alleged in the ...
Page 74
... plea , the issue , the award of the jury process , the verdict , the asking the prisoner why sentence should not be passed on him , and the judgment passed by the judges . CHAPTER XX . OF WRIT OF ERROR . Lord A 74 OF JUDGMENT .
... plea , the issue , the award of the jury process , the verdict , the asking the prisoner why sentence should not be passed on him , and the judgment passed by the judges . CHAPTER XX . OF WRIT OF ERROR . Lord A 74 OF JUDGMENT .
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Criminal Process: Or, a View of the Whole Proceedings Taken in Criminal ... Henry Richard Dearsly No preview available - 2016 |
Common terms and phrases
according to law accused party acquitted admit alleged amend appear apprehend assizes autrefois acquit bail behalf bill borough certificate clerk command common gaol constable convicted county aforesaid county or place Court of Oyer Court of Queen's crime criminal custody dealt with according defendant depositions discharge division enacted examined felony forthwith further dealt Gaol Delivery give evidence Grand Jury guilty Habeas Corpus hand and seal hath hereby herein-before holden House of Correction indictable offence indorsed intituled An Act issue judge judgment jurisdiction jurors justice or justices keeper lady the Queen liberty Lord magistrate Majesty's justices Majesty's name manner ment misdemeanor Nisi Prius Oyer and Terminer peace officers peremptory challenge perjury person charged plea prosecution prosecutor Quarter Sessions Queen's Bench recognizance reign riding sheriff statute sufficient summons supposed or suspected sureties sworn take his trial taken thereof tion treason undersigned United Kingdom verdict Vict WHEREAS A. B. witness writ
Popular passages
Page 106 - Having heard the evidence, do you wish to say anything in answer to the charge ? You are not obliged to say anything unless you desire to do so, but whatever you may say will be taken down in writing, and may be given in evidence...
Page 107 - ... he has nothing to hope from any promise of favour, and nothing to fear from any threat, which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall then say may be given in evidence against him on his trial, notwithstanding such promise or threat...
Page 151 - That in every presentment or indictment to be prosecuted against any person for wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what court, or before whom the oath...
Page 97 - ... upon the person to whom it is so directed, by delivering the same to the party personally, or by leaving the same with some person for him at his last or most usual place of abode...
Page 98 - Provided always, that allowed for no objection shall be taken or allowed to any such alleged defect in summons or warrant for any alleged defect therein THI, c. in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution before the justice or justices who shall take the examinations of the witnesses in that behalf...
Page 146 - ... such person shall not, by reason thereof, be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that the defendant is not guilty of the felony or misdemeanor charged, but is guilty of an attempt to commit the same...
Page 16 - AB was this day charged before [us], the justices within mentioned, for that [fyc., as in the warrant] ; if therefore the said AB will appear at the next court of oyer and terminer and general gaol delivery [or court of general quarter sessions of the peace] to be holden in and for the county of , and there surrender himself into the custody of the keeper of the...
Page 152 - It shall not be necessary to state any venue in the body of any indictment, but the county, city, or other jurisdiction named in the margin thereof, shall be taken to be the venue for all the facts stated in the body of such indictment ; provided, that, in cases where local description is or hereafter shall be required, such local description shall be given in the body of the indictment...
Page 92 - Warrant (B.) to apprehend such Person, and to cause him to be brought before such Justice or Justices, or...
Page 91 - means the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled " An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales, with respect to summary convictions and orders...