A Practical Treatise on the Criminal Law: Comprising the Practice, Pleadings and Evidence which Occur in the Course of Criminal Prosecutions, Whether by Indictment Or Information: with a Copious Collection of Precedents of Indictments, Informations, Presentments, and Every Description of Practical Forms, with Comprehensive Notes Upon Each Offence, the Process, Indictment, Plea, Defence, Evidence, Trial, Verdict, Judgment, and Punishment, 1. köideSamuel Brooke, 1826 |
From inside the book
Results 1-5 of 100
Page xi
... taken before a magistrate . Under the second class are discussed the parties who may be witnesses ; the dis- tinction between competency and credit ; the grounds of incompetence , as infancy ; defect of intellect ; infi- delity ...
... taken before a magistrate . Under the second class are discussed the parties who may be witnesses ; the dis- tinction between competency and credit ; the grounds of incompetence , as infancy ; defect of intellect ; infi- delity ...
Page 11
... taken or imprisoned but by the lawful judgment of his peers , or by the law of the land ( ƒ ) ; it was , for some time , insisted that no one could be deprived of his liberty for any offence , until after the finding of a bill against ...
... taken or imprisoned but by the lawful judgment of his peers , or by the law of the land ( ƒ ) ; it was , for some time , insisted that no one could be deprived of his liberty for any offence , until after the finding of a bill against ...
Page 25
... taken , whether it be after or before the arrest , the killing of the felon , who cannot otherwise be taken , is no felony ; because the law enjoins a con- stable to take a felon , and if he omits his duty , he is indictable , and ...
... taken , whether it be after or before the arrest , the killing of the felon , who cannot otherwise be taken , is no felony ; because the law enjoins a con- stable to take a felon , and if he omits his duty , he is indictable , and ...
Page 30
... taken to the common gaol , though he ultimately establish his innocence , and though in fact the crime is altogether fictitious ( c ) . And so , where upon a description of the offender , whose name is unknown , the wrong person is ...
... taken to the common gaol , though he ultimately establish his innocence , and though in fact the crime is altogether fictitious ( c ) . And so , where upon a description of the offender , whose name is unknown , the wrong person is ...
Page 31
... taken , it will lie on the parties arresting to shew , that they had reasonable ground to suspect them , either from their being vagrants , not rendering a good account of themselves , or other similar circumstances , for otherwise this ...
... taken , it will lie on the parties arresting to shew , that they had reasonable ground to suspect them , either from their being vagrants , not rendering a good account of themselves , or other similar circumstances , for otherwise this ...
Common terms and phrases
8th edit accessary acquitted affidavit appear arrest assizes attainder bail benefit of clergy Burn Burr Campb certiorari charge clergy clerk committed common law constable conviction court of King's Cowp crime criminal custody Dalt defendant Dick dictment discharge East P. C. Eliz evidence execution felony Forfeiture Fost gaol delivery grand jury granted guilty habeas corpus Hale Hand's Prac Harg Hawk holden ibid imprisonment indictment Inst issue judge judgment jurors justice King's Bench last vol latter Leach magistrate ment misdemeanor mode murder nisi prius oath offence officer outlawry oyer and terminer pardon party peace perjury person plea plead prisoner proceedings prosecution prosecutor punishment quarter sessions Raym recognizance rule Russ Salk Saund sentence Sess sessions sheriff statute Stra sufficient sworn Tidd tion treason trial verdict warrant Williams witness writ
Popular passages
Page 73 - Facts were committed, and the Defendant may plead the General Issue, and give the Special Matter in Evidence...
Page 523 - ... truly try the issue joined between Our Sovereign Lord the King and the prisoner at the bar, and would a true verdict give according to the evidence, so help him God!
Page 480 - You shall well and truly try, and true deliverance make, between our Sovereign Lord the King and the prisoner at the bar, whom you shall have in charge, and a true verdict give, according to the evidence. So help you God.
Page 231 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 768 - Souls, in this same term ; and for our said lord the king gives the court here to understand and be informed that Sir F.
Page 127 - ... offence is properly cognizable, as the case shall require, and then shall certify the said writ with the return thereof and the said recognizance or recognizances into the said court where such appearance is to be made...
Page 610 - that, from the conviction, the defendant shall be out of the king's protection, and his lands and tenements, goods and chattels, forfeited to the king: and that his body shall remain in prison at the king's pleasure ; or (as other authorities have it) during life...
Page 540 - well and truly to keep the jury, and neither to speak to them themselves, nor suffer any other person to speak to them touching any matter relative to this trial (z).
Page 324 - ... lawful for such judge to issue his warrant under his hand and seal, and thereby to cause such person to be apprehended and brought before him, or some other judge of the same court, or before some one of...
Page 105 - ... unless it be by habeas corpus or some other legal writ, or where the prisoner is delivered to the constable or other inferior officer to...