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 11
... circumstances ; and each of these , being a necessary ingredient in the offence , is material , and must be stated in the indictment . An offence of omission or a mere nonfeasance , can- not indeed strictly be said to have been ...
... circumstances ; and each of these , being a necessary ingredient in the offence , is material , and must be stated in the indictment . An offence of omission or a mere nonfeasance , can- not indeed strictly be said to have been ...
Page 15
... circumstances and intent con- stituting the offence . ] Every offence consists of certain acts done or omitted , under certain circumstances ; and in an indictment for the offence , it is not sufficient to charge the defendant generally ...
... circumstances and intent con- stituting the offence . ] Every offence consists of certain acts done or omitted , under certain circumstances ; and in an indictment for the offence , it is not sufficient to charge the defendant generally ...
Page 16
... circumstance which is a necessary ingredient in the offence be omitted in the indictment , such omission vitiates ... circumstances , which constitute the offence , be stated , but they must be stated with such certainty and precision ...
... circumstance which is a necessary ingredient in the offence be omitted in the indictment , such omission vitiates ... circumstances , which constitute the offence , be stated , but they must be stated with such certainty and precision ...
Page 19
... circumstances of aggravation , are material and relevant , and cannot be rejected as surplusage . Having made these general observations on the certainty required in indictments , we shall now proceed to examine the subject with ...
... circumstances of aggravation , are material and relevant , and cannot be rejected as surplusage . Having made these general observations on the certainty required in indictments , we shall now proceed to examine the subject with ...
Page 22
... circumstances which constitute the offence . See 6 East , 464. In some cases , the law has adopted certain technical expressions to indicate the intention with which an offence is committed ; and in such cases the inten- tion must be ...
... circumstances which constitute the offence . See 6 East , 464. In some cases , the law has adopted certain technical expressions to indicate the intention with which an offence is committed ; and in such cases the inten- tion must be ...
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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...