A Treatise on Crimes and Misdemeanors, 3. köideT. & J. W. Johnson & Company, 1877 |
From inside the book
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Page 3
... ment did not show that the affidavit of the defendant was made in any legal pro- ceeding . It was urged that the court had no right to call on the defendant sum- marily to answer any complaint against him merely because he was attorney ...
... ment did not show that the affidavit of the defendant was made in any legal pro- ceeding . It was urged that the court had no right to call on the defendant sum- marily to answer any complaint against him merely because he was attorney ...
Page 6
... ment , and the circumstances thereof , and the superintendent submitted these facts to the magistrate's clerk , and he thereupon filled up a blank summons against Kil- shaw , which the superintendent took to a magistrate , who signed it ...
... ment , and the circumstances thereof , and the superintendent submitted these facts to the magistrate's clerk , and he thereupon filled up a blank summons against Kil- shaw , which the superintendent took to a magistrate , who signed it ...
Page 18
... ment of the money for the maintenance of the child was corroborative evidence of the paternity . ( ? ) Brennan being charged before justices of the peace with a robbery in a railway carriage , cross - examined the prosecutor after he ...
... ment of the money for the maintenance of the child was corroborative evidence of the paternity . ( ? ) Brennan being charged before justices of the peace with a robbery in a railway carriage , cross - examined the prosecutor after he ...
Page 25
... ment by the space of one half - year , without bail or mainprize , and to stand upon the pillory ( ) the space of one whole hour , in some market town , next adjoining to the place where the offence was committed , in open market there ...
... ment by the space of one half - year , without bail or mainprize , and to stand upon the pillory ( ) the space of one whole hour , in some market town , next adjoining to the place where the offence was committed , in open market there ...
Page 36
... ment concludes not contra formam statuti , yet it is a good indictment at common law , but not to bring the offender within the corporal punishment of the statute . ( q ) 6 . For the purpose of facilitating prosecutions for perjury ...
... ment concludes not contra formam statuti , yet it is a good indictment at common law , but not to bring the offender within the corporal punishment of the statute . ( q ) 6 . For the purpose of facilitating prosecutions for perjury ...
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Common terms and phrases
12 Vict accomplice accused acquitted admissible admitted affidavit afterwards Alderson alleged answer appeared asked assizes attorney authority averment bill called Campb charge cited clerk Comm committed common law confession conspiracy conspired constable convicted copy counsel count court Cox C. C. crime criminal cross-examination custody deceased declaration defendant dence deposition dying declaration East P. C. Erle examination fact false felony give evidence given in evidence guilty held Ibid inadmissible indictable offence indictment for perjury inducement judge judgment jury justice Leach letter Littledale Lord Campbell Lord Denman Lord Ellenborough Lord Tenterden magistrate material matter ment misdemeanor murder oath objected offence officer opinion oyer and terminer party Patteson person Phill plaintiff prisoner's produced proof prosecution prosecutor proved purpose question received rule soner Stark statement statute sufficient supra swore sworn taken tion trial voire dire witness writing
Popular passages
Page 440 - 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 say will be taken down in writing and may be
Page 344 - On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any Court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence...
Page 348 - Next follows a general provision, in section 14, that " whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no statute exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible in evidence in any court of justice, or before any person...
Page 339 - ... a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the clerk of the Court, or other officer having the custody of the records of the Court where the offender was convicted, or by the deputy of such clerk or officer...
Page 500 - ... conviction, without proof of the signature or official character of the person appearing to have signed the same.
Page 624 - But nothing herein contained shall render any person who, in any criminal proceeding, is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question^ tending to criminate himself or herself...
Page 320 - ... the same shall be proceeded with, in the same manner in all respects, both with respect to the liability of witnesses to be indicted for perjury, and otherwise, as if no such variance had appeared...
Page 251 - The general principle on which this species of evidence is admitted, is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone ; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth : a situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a court of justice.
Page 465 - ... shall, in the presence of such accused person, who shall be at liberty to put questions to any witness produced against him, take the statement on oath or affirmation of those who shall know the facts and circumstances of the case...
Page 439 - ... on oath or affirmation, of those who shall know the facts and circumstances of the case, and shall put the same into writing, and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, and shall be signed also by the justice or justices taking the same...