A Summary of the Law Relative to Pleading and Evidence in Criminal Cases: With Precedents of Indictments, &c., and the Evidence Necessary to Support ThemR. Pheney, S. Sweet, and R. Millikin, 1822 - 437 pages |
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Page
... appear , it has cost me much time and great labour . I have taken infinite pains to simplify my subject ; to reject every thing redundant or irrelevant ; to compress the whole into the smallest possible com- pass consistent with ...
... appear , it has cost me much time and great labour . I have taken infinite pains to simplify my subject ; to reject every thing redundant or irrelevant ; to compress the whole into the smallest possible com- pass consistent with ...
Page 11
... appear in evidence that the party injured is misnamed , or that the owner of the goods or house & c . is another and different person from him named as such in the indictment , the variance is fatal and the defendant must be acquitted ...
... appear in evidence that the party injured is misnamed , or that the owner of the goods or house & c . is another and different person from him named as such in the indictment , the variance is fatal and the defendant must be acquitted ...
Page 12
... appear upon the face of the indictment , that the offence was committed in the day time , it will be sufficient . The place ( or special venue , as it is technically termed ) must be such as in strictness the jury , who are to try the ...
... appear upon the face of the indictment , that the offence was committed in the day time , it will be sufficient . The place ( or special venue , as it is technically termed ) must be such as in strictness the jury , who are to try the ...
Page 14
... appear to be within the time so limited . Also , in an indictment for murder , the death should be laid on a day within a year and day from the time at which the stroke is alleged to have been given . What is above mentioned as to place ...
... appear to be within the time so limited . Also , in an indictment for murder , the death should be laid on a day within a year and day from the time at which the stroke is alleged to have been given . What is above mentioned as to place ...
Page 15
... appear upon the face of the indictment to be a distinct substantive offence : you cannot charge a man with being a common thief , a common champertor , conspírator , common malefactor , or common robber ; but if he have committed a ...
... appear upon the face of the indictment to be a distinct substantive offence : you cannot charge a man with being a common thief , a common champertor , conspírator , common malefactor , or common robber ; but if he have committed a ...
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Common terms and phrases
accessary acquitted afore afterwards alleged ante assault bank note bill of exchange burglary Camp charged clergy Commencement committed common law conspiracy constable convicted counterfeited county aforesaid court crown and dignity death defendant divers dwelling house East fact false felony force and arms forged forgery Fost Fryern further present George the fourth Gilb given in evidence guilty Hale Hawk high treason holden imprisonment indictment Inst instance instrument intent judges held jurors aforesaid jury justice kill King's labourer laid larceny last aforesaid last precedent Leach libel lord the King malice aforethought maliciously manslaughter matter ment mentioned merely Middlesex misdemeanor murder necessary oath aforesaid oath present offence officer overt act parish aforesaid party peace perjury person plea pleaded proof prosecution prosecutor proved punishable reign Salk SECT shillings sovereign lord George stat statute steal sufficient third day unlawfully utter and publish variance warrant wilfully words writ
Popular passages
Page 230 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 284 - In contempt of our said Lord the King, in open violation of the laws of this kingdom, 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.
Page 263 - Jackson's traitorous purposes before mentioned, in contempt of our said lord the King and his laws, to the evil example of all others in the like case offending, contrary to the duty of the allegiance of him, the saiil William Stone, against the form of the statute in such case made and provided, and against the peace of our said lord the King, his crown and dignity.
Page 333 - 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 346 - ... credit, and to bring him into public scandal, infamy, and disgrace...
Page 311 - God, 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 lord the King, his crown and dignity.
Page 387 - HB esquires, and others their associates, justices of our said Lord the King, assigned to keep the peace in the said county...
Page 212 - Homicide per infortunium or misadventure is where a man, doing a lawful act without any intention of hurt, unfortunately kills another...
Page 393 - And the jurors aforesaid, upon their oath aforesaid, do further present, that the said JS, contriving and intending as aforesaid, afterwards, to wit, on the day and year aforesaid, with force and arms, at the parish aforesaid, in the county aforesaid...
Page 364 - ... to the great damage and common nuisance of all the liege subjects of our said Lord the King through the same waygoing, returning, passing, repassing, riding, and labouring, and against the peace of our said Lord the King, his crown and dignity...