A Treatise on Criminal Law and ProcedureBobbs-Merrill, 1919 - 764 pages |
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Other editions - View all
Common terms and phrases
13 Cox Cr accessory accused alleged arrest assault attempt to commit Beale's bigamy Bish child Comm commit a crime common law Commonwealth Conn consent conspiracy constitutes an attempt convicted court Crim criminal intent criminally liable death defense Derby's drunkenness East P. C. evidence false pretenses felony fraudulently Gray Mass grievous bodily harm guilty Hale P. C. held homicide husband indictment injured insanity intoxicating liquors Iowa jury justice Kans larceny mala in se malice manslaughter marriage ment Metc Minn misdemeanor mistake of fact monwealth murder Nebr offense Ohio St party person presumption principal proof showed prosecution punishment Q. B. Div rape reason rule Russ Section sexual intercourse Solicitation to commit Stat statute sufficient Tenn tion tort trial United United States Constitution unlawful violation Whart wife woman wrong
Popular passages
Page 39 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 21 - In all criminal prosecutions, the accused shall have the right to appear and defend in person and by counsel ; to demand the nature and cause of the accusation, and to have a copy thereof; to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
Page 21 - Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth when published with good motives and for justifiable ends, shall be a sufficient defense.
Page 43 - For example, if, under the influence of his delusion, he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in self-defence, he would be exempt from punishment.
Page 518 - Whoever shall -order, purchase, or cause intoxicating liquors to be transported in interstate commerce, except for scientific, sacramental, medicinal, and mechanical purposes, into any State or Territory the laws of which State or Territory prohibit the manufacture or sale therein of intoxicating liquors for beverage purposes...
Page 181 - Without attempting to review and reconcile all the cases, we are of opinion, that as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons, by some concerted action, to accomplish some criminal or unlawful purpose, or to accomplish some purpose, not in itself criminal or unlawful, by criminal or unlawful means.
Page 22 - No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases where there is strong presumption of fraud.
Page 75 - Suppose one believed that human sacrifices were a necessary part of religious worship, would it be seriously contended that the civil government under which he lived could not interfere to prevent a sacrifice? Or if a wife religiously believed it was her duty to burn herself upon the funeral pile of her dead husband, would it be beyond the power of the civil government to prevent her carrying her belief into practice?
Page 21 - All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great.
Page 76 - States, it is provided that plural marriages shall not be allowed, can a man excuse his practice to the contrary because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and, in effect, to permit every citizen to become a law unto himself. Government could exist only in name, under such circumstances.