A Selection of Leading Cases in Criminal Law: With Notes, Том 2Little, Brown, 1857 |
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Страница 6
... decision as questionable . The authorities cited for the prosecution in Rex v . Russell , 6 B. & C. 566 , show that an individual cannot justify interfering with pub- lic rights of his own authority , even where it may be alleged that ...
... decision as questionable . The authorities cited for the prosecution in Rex v . Russell , 6 B. & C. 566 , show that an individual cannot justify interfering with pub- lic rights of his own authority , even where it may be alleged that ...
Страница 32
... decision of the case was wrong . The jury were told , that if the prisoner first took the trunk with intent to steal ... decisions are certainly anomalous , and contrary to the elsewhere well - estab- lished rule of law . The principle ...
... decision of the case was wrong . The jury were told , that if the prisoner first took the trunk with intent to steal ... decisions are certainly anomalous , and contrary to the elsewhere well - estab- lished rule of law . The principle ...
Страница 52
... decision an important one , " says George Bemis , Esq . , in an interesting article in the Law Reporter , January , 1847 , p . 387 , " because in connection with a class of cases which have begun to form a line of precedents in the ...
... decision an important one , " says George Bemis , Esq . , in an interesting article in the Law Reporter , January , 1847 , p . 387 , " because in connection with a class of cases which have begun to form a line of precedents in the ...
Страница 86
... decision against them . In Regina v . Neale , 1 Denison , C : C. 36 ; 1 C. & K. 591 , where a charge of misdemeanor , in having intercourse with a female child between the age of ten and twelve , was held proved , and the convic- tion ...
... decision against them . In Regina v . Neale , 1 Denison , C : C. 36 ; 1 C. & K. 591 , where a charge of misdemeanor , in having intercourse with a female child between the age of ten and twelve , was held proved , and the convic- tion ...
Страница 100
... decisions in Regina v . Kenrick , 5 Queen's Bench Rep . 49 , and Regina v . Abbott , 1 Denison , C. C. 173 ; 2 C. & K ... decision was on the principle , that if the false pretence cre- ates the credit , it is within the statute . In Rex ...
... decisions in Regina v . Kenrick , 5 Queen's Bench Rep . 49 , and Regina v . Abbott , 1 Denison , C. C. 173 ; 2 C. & K ... decision was on the principle , that if the false pretence cre- ates the credit , it is within the statute . In Rex ...
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accessory accused acquittal acquitted admissible admitted aforesaid afterwards alleged animo furandi appear assault Assizes authority bail barilla breaking and entering burglary Carrington & Payne charged circumstances cited committed common law Commonwealth confession constable conviction counsel count court Crim crime decided decision declaration defendant delivered dence discharge doubt dwelling-house Dying Declarations evidence fact false pretences felony ground guilty of larceny Hale held indictment for burglary inducement intent to steal judgment jurisdiction jurors jury larceny learned judge libel loaves Lord LORD CAMPBELL Lord Coke Lord Denman Lord Mansfield Lord Tenterden magistrate malice manslaughter ment misdemeanor Moody murder nuisance objection obtain Money offence opinion owner parish party person plaintiff plea possession presumption principle pris prisoner prisoner's proof prosecution prosecutor proved punishment question reason received Regina rule Sarah Waters statute stolen sufficient taken ticket tion trial verdict wife witness
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Страница 479 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Страница 468 - And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.
Страница 335 - No right of way shall be appropriated to the use of any corporation until full compensation therefor be first made in money, or first secured by a deposit of money to the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury of twelve men, in a court of record, as shall be prescribed by law.
Страница 335 - ... let it be again remembered, that delays and little inconveniences in the forms of justice, are the price that all free nations must pay for their liberty in more substantial matters ; that these inroads upon this sacred bulwark of the nation are fundamentally opposite to the spirit of our constitution ; and that, though begun in trifles, the precedent may gradually increase and spread, to the utter disuse of juries in questions of the most momentous concern.
Страница 333 - Upon these accounts, the trial by jury ever has been, and I trust ever will be, looked upon as the glory of the English law. And if it has so great an advantage over others in regulating civil property, how much must that advantage be heightened when it is applied to criminal cases...
Страница 427 - In prosecutions for the publication of papers investigating the official conduct of officers, or men, in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.
Страница 220 - A free and voluntary confession is deserving of the highest credit, 220 Confessions. because it is presumed to flow from the strongest sense of guilt, and therefore it is admitted as proof of the crime to which it refers...
Страница 507 - Malice, in common acceptation, means ill will against a person ; but in its legal sense it means, a wrongful act, done intentionally, without just cause or excuse.
Страница 499 - When, on the trial of an indictment for murder, the killing is proved to have been committed by the defendant, and nothing further is shown, the presumption of law is, that it was malicious, and an act of murder...
Страница 468 - No subject shall be held to answer for any crime or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself.