A Treatise on Criminal Pleading: With Precedents of Indictments, Special Pleas, &c., Adapted to Practice, 2. köideJ. & W. T. Clarke, 1822 - 894 pages |
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Page x
... Judgment 359 CHAPTER XXII . Of avoiding the Judgment , Writ of Error , & c . 1. By Plea 2. By Writ of Error • 367 371 INTRODUCTION . THE legal definition of an offence being proposed X TABLE OF CONTENTS .
... Judgment 359 CHAPTER XXII . Of avoiding the Judgment , Writ of Error , & c . 1. By Plea 2. By Writ of Error • 367 371 INTRODUCTION . THE legal definition of an offence being proposed X TABLE OF CONTENTS .
Page 24
... judgment was given . But at all events , if an act of a transitory nature be laid at some place within the county , it may be proved to have been done elsewhere , and this even in case of an indictment for treason ( d ) . If goods be ...
... judgment was given . But at all events , if an act of a transitory nature be laid at some place within the county , it may be proved to have been done elsewhere , and this even in case of an indictment for treason ( d ) . If goods be ...
Page 39
... judgment ; for on the face of an indictment , every distinct count imports to be for a dif- ferent offence . But if it appear , before the defendant has pleaded or the jury are charged , that he is to be tried for separate offences , it ...
... judgment ; for on the face of an indictment , every distinct count imports to be for a dif- ferent offence . But if it appear , before the defendant has pleaded or the jury are charged , that he is to be tried for separate offences , it ...
Page 42
... Judgment , therefore , cannot be pro- nounced as for a trespass , where the defendant has been convicted of stealing that which is not the subject matter of felony ( k ) . So if the indictment charge a felony , and the facts found by a ...
... Judgment , therefore , cannot be pro- nounced as for a trespass , where the defendant has been convicted of stealing that which is not the subject matter of felony ( k ) . So if the indictment charge a felony , and the facts found by a ...
Page 43
... judgment ( o ) . But it is no objection to an indictment , that it charges different misdemeanors upon the defen- dant in different counts , for the judgment is of the same ( p ) nature . And the joinder is good although the indict ...
... judgment ( o ) . But it is no objection to an indictment , that it charges different misdemeanors upon the defen- dant in different counts , for the judgment is of the same ( p ) nature . And the joinder is good although the indict ...
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A Treatise on Criminal Pleading: With Precedents of Indictments, Special ... Thomas Starkie No preview available - 2020 |
Common terms and phrases
abetting accessory acquittal aforesaid amended appear assault attainder averment benefit of clergy bill burglary Burr caption certiorari chattels circumstances clergy committed common law common scold conviction court Cowp crime criminal death defect described dictment dwelling-house Dyer East Eliz enacts fact false fatal felony force and arms forged Fost held holden innuendo intent joinder judges judgment jurors jury justices King's Bench laid larciny Leach libel Lord Hale lord the king malice aforethought manslaughter matter means ment misdemeanor murder necessary oath offence omission opinion oyer and terminer parish particular party peace perjury person plea plead principal prisoner procure prosecutor record rejected as surplusage robbery rule Salk Saund seems shew shewn stat statute stealing stolen tion treason Trem trial unlawfully unnecessary variance verdict wilfully words writ
Popular passages
Page 653 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 531 - In every indictment for wilful and corrupt perjury it shall be sufficient to set forth the substance of the offence charged. upon the defendant, and by what court, or before whom, the oath was taken, (averring such court or person to have competent authority to administer the same...
Page 374 - King there inhabiting and being, in contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Page 667 - Our sovereign lord the king chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act made in the first year of king George, for preventing tumults and riotous assemblies. God save the king.
Page 589 - Justices of our said Lord the King, assigned to keep the Peace of our said Lord the King...
Page 632 - Two of the Justices of our Lord the King assigned to keep the Peace of our said Lord the King...
Page 138 - Pounds, to be applied to the relief of the widows, orphans, and aged parents of our beloved American fellow-subjects, who, faithful to the character of Englishmen, preferring death to slavery, were, for that reason only, inhumanly murdered by the King's troops, at or near Lexington and Concord, in the Province of Massachusetts, on the 19th of last April.
Page 699 - Loss of their Goods to the great damage and common Nuisance of all the Liege Subjects of our said Lord the King...
Page 688 - ... certain persons as well men as women, of evil name and fame, and of dishonest conversation, to frequent and come together...
Page 648 - In contempt of our said Lord the King and his laws, to the evil and pernicious example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.