A Treatise on Crimes and Misdemeanors, 1. köideSaunders and Benning, 1843 - 1122 pages |
From inside the book
Results 1-5 of 100
Page 32
... statute of Ph . & M. were not pursued , the words excitavit , movit , et procuravit , being deemed tantamount to the words of the statute and descriptive of the same offence , he says that he takes that case to be good law , though he ...
... statute of Ph . & M. were not pursued , the words excitavit , movit , et procuravit , being deemed tantamount to the words of the statute and descriptive of the same offence , he says that he takes that case to be good law , though he ...
Page 44
... statute cre- ate a felony . OF INDICTABLE OFFENCES . OFFENCES which may be made the subject of indictment , and are below the crime of treason , may be divided into two classes , felonies and misdemeanors . The term felony appears to ...
... statute cre- ate a felony . OF INDICTABLE OFFENCES . OFFENCES which may be made the subject of indictment , and are below the crime of treason , may be divided into two classes , felonies and misdemeanors . The term felony appears to ...
Page 45
... statute make the doing of an act feloni- ous , yet if a subsequent statute make it penal only , the latter statute is considered as a virtual repeal of the former , so far as relates to the punishment of the offence . ( f ) And it ...
... statute make the doing of an act feloni- ous , yet if a subsequent statute make it penal only , the latter statute is considered as a virtual repeal of the former , so far as relates to the punishment of the offence . ( f ) And it ...
Page 46
... statute is punishable not only at the suit of the party aggrieved , but also by way of indictment for his contempt of the statute , unless such method of proceeding do manifestly appear to be excluded by it . ( r ) But no injuries of a ...
... statute is punishable not only at the suit of the party aggrieved , but also by way of indictment for his contempt of the statute , unless such method of proceeding do manifestly appear to be excluded by it . ( r ) But no injuries of a ...
Page 47
... statute , it is made so for all purposes . ( b ) And the general rule is , that " an " attempt to commit a misdemeanor is a misdemeanor , whether the " offence is created by statute , or was an offence at common law . ” ( c ) Upon the ...
... statute , it is made so for all purposes . ( b ) And the general rule is , that " an " attempt to commit a misdemeanor is a misdemeanor , whether the " offence is created by statute , or was an offence at common law . ” ( c ) Upon the ...
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Other editions - View all
A Treatise on Crimes and Misdemeanors, Vol. 2 of 2 (Classic Reprint) William Oldnall Russell No preview available - 2017 |
Common terms and phrases
accessory acquitted aforesaid alleged appeared arrest assault authority banns Bayley benefit of clergy Blac bridge Burr Campb certiorari charged child coin committed common law constable convicted counterfeit Court crime criminal custody death deceased deemed defendant East enacts escape evidence fact forcible entry Fost gaol Hale Hawk held highway holden imprisonment inclosure act indictable offence indictment inhabitants Inst intent judges judgment jury justice of peace justices killed King's Bench land Leach liable libel license Lord Ellenborough Lord Raym Lord Tenterden Majesty's malice manslaughter marriage ment misdemeanor murder nuisance oath offence officer Old Bailey oyer and terminer parish party peace person or persons principal prisoner proceedings prosecution prosecutor proved punishment purpose quarter sessions repair repealed road Russ Salk sentence shew statute sufficient thereof tion transportation trial unlawful uttering Vict wife
Popular passages
Page 88 - ... 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 470 - ... seven years, or to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding two years...
Page 77 - Felony, without otherwise describing the previous felony ; and a certificate containing the substance and effect only, (omitting the formal part) of the Indictment and conviction for the previous Felony, 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...
Page 89 - ... exercising; or assuming to exercise the powers of government in any colony, province, or part of any province or country, or against the inhabitants of any foreign colony, province, or part of any province or country, with whom his Majesty shall not then be at war...
Page 186 - Provided, that nothing in this section contained shall extend [1] to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of her Majesty, or [2] to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time...
Page 654 - ... 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 : 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 246 - 'the proper meaning of a privileged communication is only this : that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact — that the defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made,' " and Lord Lindley in Stuart v.
Page 15 - That in all cases, where it shall be given in evidence upon the trial of any person charged with treason, murder or felony, that such person was insane at the time of the commission of such offence, and such person shall be acquitted, the jury shall be required to find specially, whether such person was insane at the time of the commission of such offence, and to declare whether such person was acquitted by them on account of such insanity...
Page 90 - ... foreign prince or state, or of any colony, district, or people, or belonging to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any foreign prince or state, or of any colony, district, or people with whom the United States...
Page 234 - ... event of a total change of system. Of all monarchs, indeed, since the revolution, the successor of George the Third will have the finest opportunity of becoming nobly popular.