A Treatise on Crimes and Indictable Misdemeanors, 1. köideJoseph Butterworth and son, 1826 - 828 pages |
From inside the book
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Page 3
... circumstances of his case . The evidence of malice , however , which is to supply age , should be strong and clear beyond all doubt and contradiction : but if it appear to the Court and jury that the offender was doli capax , and could ...
... circumstances of his case . The evidence of malice , however , which is to supply age , should be strong and clear beyond all doubt and contradiction : but if it appear to the Court and jury that the offender was doli capax , and could ...
Page 5
... circumstances tending to corroborate the confessions , he was convicted . Upon this report of the chief justice , the judges , having taken time to consider of it , unanimously agreed , 1. That the declara- tions stated in the report ...
... circumstances tending to corroborate the confessions , he was convicted . Upon this report of the chief justice , the judges , having taken time to consider of it , unanimously agreed , 1. That the declara- tions stated in the report ...
Page 8
... circumstance proper to be taken into considera- tion . ( n ) But though this subject of non compos mentis may be spun ... circumstances duly " to be weighed and considered both by the judge and jury , lest on " the one side there be a ...
... circumstance proper to be taken into considera- tion . ( n ) But though this subject of non compos mentis may be spun ... circumstances duly " to be weighed and considered both by the judge and jury , lest on " the one side there be a ...
Page 22
... circumstances which will amount to a constructive presence at common law will not be suffi- cient for the same purpose upon an indictment under a statute . ( d ) The general rule however applies to offences by statute as well as at ...
... circumstances which will amount to a constructive presence at common law will not be suffi- cient for the same purpose upon an indictment under a statute . ( d ) The general rule however applies to offences by statute as well as at ...
Page 24
... circumstances being a felo- nious taking by all . ( a ) If a fact amounting to murder should be committed in prosecu- several in pro- tion of some unlawful purpose , though it were but a bare trespass , all persons who had gone in order ...
... circumstances being a felo- nious taking by all . ( a ) If a fact amounting to murder should be committed in prosecu- several in pro- tion of some unlawful purpose , though it were but a bare trespass , all persons who had gone in order ...
Contents
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Other editions - View all
Common terms and phrases
accessory acquitted act of parliament adjudged affray aforesaid aiders appear arrest assault assizes Bayley benefit of clergy Blac bridge certiorari charged child coin committed common law constable convicted counterfeit court crime custody death deemed defendant East Eliz escape evidence execution fact forcible entry Fost gaol guilty of felony Hale Hawk held high treason highway holden husband imprisonment indictable offence indictment Inst intent Judges judgment jury justice justice of peace killed King's Bench Leach liable libel Lord Lord Ellenborough Majesty's malice manslaughter marriage ment misdemeanor murder nuisance offence officer Old Bailey opinion parish party peace person or persons present principal prisoner proceeding procure prosecution prosecutor provisions punishment quarter sessions Raym realm repair repealed Russ section enacts servant shew shillings silver statute Stealing sufficient thereof tion transportation treason trial tried unlawful uttering warrant wife words
Popular passages
Page l - ... 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 first convicted, or by the Deputy of such Clerk or Officer...
Page 92 - ... part of any province or people, or in the service of or for or under or in aid of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of...
Page 93 - Service, for or under or in aid of any Foreign Prince, State, Potentate, Colony, Province, or Part of any Province or People...
Page 93 - ... any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people...
Page 94 - Majesty shall not then be at war; or shall, within the United Kingdom, or any of his Majesty's dominions, or in any settlement, colony, territory, island, or place belonging or subject to his Majesty, issue or deliver any commission for any ship or vessel, to the intent that such ship or vessel shall be employed as aforesaid...
Page ix - ... every such offender shall be guilty of felony ; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, *or for any term not less than seven years, or to be imprisoned for any term not exceeding four years...
Page xxxiii - Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be transported beyond the Seas for Life, or for any Term not less than Seven Years, or to be imprisoned, with or without hard Labour, for any Term not exceeding Four Years, and if a Male to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit) in addition to such Imprisonment.
Page lxxiv - Plaintiff shall not have Costs against the Defendant, unless the Judge before whom the Trial shall be shall certify his Approbation of the Action, and of the Verdict obtained thereupon.
Page l - Statute shall be understood to include several Matters as well as One Matter, and several Persons as well as One Person, and Females as well as Males, and Bodies Corporate as well as Individuals, unless it be otherwise specially provided, or there be something in the Subject or Context repugnant to such Construction...
Page xxxv - If any person being married shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony...