Precedents of Indictments and Pleas: Adapted to the Use Both of the Courts of the United States and Those of All the Several States: Together with Notes on Criminal Pleading and Practice, Embracing the English and American Authorities GenerallyJ. Kay, jun. & brother, 1849 - 694 pages |
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Page 8
... taken by a prisoner of any error in his name or addition , is by plea in abatement ; State v . Lorey , 2 Brevard 395 ; Lynes v . State , 5 Port . 236 ; State v . Hughes , 2 Har . & M'H . 479 ; see State v . Newman , 2 Car . Law Rep . 74 ...
... taken by a prisoner of any error in his name or addition , is by plea in abatement ; State v . Lorey , 2 Brevard 395 ; Lynes v . State , 5 Port . 236 ; State v . Hughes , 2 Har . & M'H . 479 ; see State v . Newman , 2 Car . Law Rep . 74 ...
Page 9
... taken to the indictment , which was for assault and battery , was the want of those words , and though it does not distinctly appear so on the face of the report , the intimation of the court is clear that they are wholly unnecessary ...
... taken to the indictment , which was for assault and battery , was the want of those words , and though it does not distinctly appear so on the face of the report , the intimation of the court is clear that they are wholly unnecessary ...
Page 10
... taken advantage of by abatement , but the former is proper ground for acquittal , in case of variance in evidence , or arrest of judg . ment in case of variance on record ; Wh . C. L. 71. The mis - spelling of a surname , when its usual ...
... taken advantage of by abatement , but the former is proper ground for acquittal , in case of variance in evidence , or arrest of judg . ment in case of variance on record ; Wh . C. L. 71. The mis - spelling of a surname , when its usual ...
Page 17
... offences against the United States . ( e ) The form in the text is taken from Burr's case . district of in the in which the said circuit is 2 * IN THE FEDERAL AND STATE COURTS . 17 The grand inquest of the United States of America, ...
... offences against the United States . ( e ) The form in the text is taken from Burr's case . district of in the in which the said circuit is 2 * IN THE FEDERAL AND STATE COURTS . 17 The grand inquest of the United States of America, ...
Page 26
... ( taken from the body county ) elected , empanneled of the good and lawful men of and sworn to inquire in and for the said county of at the term of aforesaid ( in the name and by the authority of the State of Mississippi ) , ( g ) upon ...
... ( taken from the body county ) elected , empanneled of the good and lawful men of and sworn to inquire in and for the said county of at the term of aforesaid ( in the name and by the authority of the State of Mississippi ) , ( g ) upon ...
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Common terms and phrases
afore afterwards alleged assault averment bank note bill bill of exchange called cause and procure chap charged chattels cheat and defraud child citizens coin committed common law commonwealth Conclude conspiracy conspire contrary convicted corruptly county aforesaid court damage defendant Dickinson's Q. S. 6th district aforesaid dollars duly dwelling house East P. C. evil example false pretences feloniously force and arms forged and counterfeited form aforesaid fraudulently further present held high seas indictable offence indictment intent to defraud jurisdiction jury justice knowingly labourer lady the queen larceny last aforesaid last mentioned late libel lottery malice aforethought maliciously manner and form means Metc misdemeanor oath aforesaid offence peace of God Pennsylvania perjury Philadelphia prisoner promissory note prosecution prosecutor purporting Second count statute thereof Third count United unlawful unlawfully utter and publish vessel wares and merchandise Wend whereas in truth wickedly wilfully words
Popular passages
Page 662 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 644 - That if any person shall, within the territory or jurisdiction of the United States, begin or set on foot, or provide or prepare the means for any military expedition or enterprise, to be carried on from thence against the territory or dominions of any foreign prince or state, or of any colony, district, or people with whom the United States are (at) peace, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars and imprisoned...
Page 565 - Texas by combinations too powerful to be suppressed by the ordinary course of judicial proceedings or by the powers vested in the marshals by law...
Page 420 - George the fourth, and on divers other days and times between that day and the day of the taking of this inquisition...
Page 35 - ... together with the principal felon or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice, and may thereupon be punished in the same manner as any accessory before the fact to the same felony, if convicted as an accessory, may be punished.
Page 53 - Labourer, not having the fear of God before their Eyes but being moved and Seduced by the instigation of the Devil...
Page 156 - That he resides in the of ; that one at in , with intent to injure and defraud, feloniously did falsely make, forge and counterfeit, and cause and procure to be falsely made, forged and counterfeited, and willingly act and assist in the false making, forging and counterfeiting...
Page 276 - Geo. 4, c. 30, s. 9, but modifying the punishment) " whosoever shall unlawfully and maliciously set fire to, or in anywise destroy any ship or vessel, whether the same be complete or in an unfinished state, or shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any ship or vessel, with intent thereby to prejudice any owner or part owner of such ship or vessel, or of any goods on board the same, or any person that...
Page 669 - EP his attorney, comes and defends the wrong and injury, when, etc., and says, that the said declaration and the matters therein contained in manner and form as the same are above stated and set forth...
Page 11 - It is enough to prove publication." If an indictment charges that the defendant did and caused to le done' a particular act, it is enough to prove either. The distinction runs through the whole criminal law ; and it is invariably enough to prove so much of the indictment as shows that the defendant has committed a substantive crime therein specified.