A Digest of the Law of Evidence in Criminal CasesT.& J.W. Johnson, 1840 - 854 pages |
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Page 25
... person , what he has said or written , may as clearly show his knowledge , as what he has done . Where it is relevant and material to inquire into the conduct of rioters , what has been said by any of the party in the act of rioting ...
... person , what he has said or written , may as clearly show his knowledge , as what he has done . Where it is relevant and material to inquire into the conduct of rioters , what has been said by any of the party in the act of rioting ...
Page 43
... person having no sort of authority , it must be presumed that the confession to the witness was free and voluntary . If the promise had been held out by any person having any office or authority , as the prose- cutor , constable , * & c ...
... person having no sort of authority , it must be presumed that the confession to the witness was free and voluntary . If the promise had been held out by any person having any office or authority , as the prose- cutor , constable , * & c ...
Page 53
... persons charged with misdemeanors ; but now , by sec . 3 , it is enacted- " That every justice of the peace , before whom any person shall be taken , on a charge of misdemeanor or suspicion thereof , shall take the examination of the person ...
... persons charged with misdemeanors ; but now , by sec . 3 , it is enacted- " That every justice of the peace , before whom any person shall be taken , on a charge of misdemeanor or suspicion thereof , shall take the examination of the person ...
Page 68
... person on whose behalf such demand shall be made is to take place , such person shall not be entitled to have any copy of such exami- nation of witnesses , unless the judge or other person to preside at such trial shall be of opinion ...
... person on whose behalf such demand shall be made is to take place , such person shall not be entitled to have any copy of such exami- nation of witnesses , unless the judge or other person to preside at such trial shall be of opinion ...
Page 96
... person to the jurors unknown , feloniously stole , & c . , and that the prisoner incited the said person unknown to commit the said felony . The grand jury had found the bill upon the evidence of one Charles Iles , who con- fessed that ...
... person to the jurors unknown , feloniously stole , & c . , and that the prisoner incited the said person unknown to commit the said felony . The grand jury had found the bill upon the evidence of one Charles Iles , who con- fessed that ...
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Common terms and phrases
9 Geo accessary admissible appear assault bank Bank of England bigamy bill of exchange breaking and entering bridge burglary Campb certiorari charged clerk committed common law confession conspiracy convicted thereof counsel counterfeit counterfeit coin court criminal custody declarations defendant defraud deposition dwelling-house East embezzlement enacted entry evidence examination fact false pretences forged forgery guilty of felony Hale Hawk highway Ibid imprisoned indictable offence instrument intent judges held jury justice laid larceny Leach liable Lord Ellenborough Lord Tenterden magistrate marriage matter ment misdemeanor Moody murder offence officer opinion parish party Patteson perjury person Phill possession prisoner was indicted prisoner's Proof prosecution prosecutor punishment purpose question received repair repealed rule Russ Russell servant setting fire Stark stat statute stealing sufficient taken term not exceeding tion trial uttering Vict vide voire dire witness xxxii xxxiv
Popular passages
Page 605 - ... the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information ; and shall not be required or directed, by the court or judge before whom such indictment or information...
Page 25 - 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 1 1 Leach CC 502.
Page 402 - E respectively, every such offender shall be guilty of a misdemeanor; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the Court shall award...
Page 412 - Larceny ; and if upon the Trial of any Person indicted for Larceny it shall be proved that he took the Property in question in any such Manner as to amount in Law to Embezzlement, he shall not by reason thereof be entitled to be acquitted, but the Jury shall be at liberty to return as their Verdict that such Person is not guilty of Larceny, but is guilty of Embezzlement...
Page 387 - And be enacted, that if any clerk or servant, or any person employed for the purpose or in the capacity of a clerk or servant...
Page 26 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2).
Page 19 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him ; for the law presumeth the fact to have been founded in malice, until the contrary appeareth.
Page 721 - And, by sect. 12, it is enacted that if any person unlawfully and maliciously shall shoot at any person, or shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall unlawfully and maliciously stab, cut.
Page 70 - In prosecutions for conspiracies, it is an established rule that, where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party, in pursuance of...
Page 617 - ... at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six...