The New Law of Indictments: Comprising Lord Campbell's Administration of Criminal Justice Improvement Act, and Act for the Better Prevention of Offences, and an Act to Amend the Law Relating to the Expenses of Prosecutions, &c., with Introductory Observations on the Law of Criminal Pleading, and on the Requisites of Indictments Under 14 & 15 Vict. Cap. 100, and Practical Notes and Forms Adapted to These Statutes, Intended as a Supplement to Archbold's Criminal Law, Page 359 |
From inside the book
Results 1-5 of 20
Page xii
... proper legal .. .. .. .. .. .. Custody .. 23. The Provisions of 38 Geo . 3 , c . 52 , and 51 Geo . 3 , c . 100 , as to execution of Sentences and as to Costs extended to this Act 24. What to be deemed the next adjoining County 25. This ...
... proper legal .. .. .. .. .. .. Custody .. 23. The Provisions of 38 Geo . 3 , c . 52 , and 51 Geo . 3 , c . 100 , as to execution of Sentences and as to Costs extended to this Act 24. What to be deemed the next adjoining County 25. This ...
Page 4
... proper legal words , to award a process against the grand jury to come into court and amend it ; he adds , that in his day , it was usual , while the grand jury who found the bill were before the court , to amend the indictment by their ...
... proper legal words , to award a process against the grand jury to come into court and amend it ; he adds , that in his day , it was usual , while the grand jury who found the bill were before the court , to amend the indictment by their ...
Page 8
... proper jurisdiction . The following is the form of a caption , which follows the precedent of Lord Hale : - : - Westmoreland , to wit . At the general quarter sessions of the peace holden at Appleby in and for the county afore- said ...
... proper jurisdiction . The following is the form of a caption , which follows the precedent of Lord Hale : - : - Westmoreland , to wit . At the general quarter sessions of the peace holden at Appleby in and for the county afore- said ...
Page 10
... proper or perfect venue . 3. The Commencement . - The formal words " the jurors for our lady the queen , & c . " are the proper commencement of every indictment ; but an error in the commencement , which since 7 Geo . 4 , c . 64 , was ...
... proper or perfect venue . 3. The Commencement . - The formal words " the jurors for our lady the queen , & c . " are the proper commencement of every indictment ; but an error in the commencement , which since 7 Geo . 4 , c . 64 , was ...
Page 11
... proper to state the addition ( ƒ ) of the defendant ; but errors in this particular also come within the scope of the new statute . 5. Parish . - It is usual to describe the defendant as " late of the parish of Sheffield in the county ...
... proper to state the addition ( ƒ ) of the defendant ; but errors in this particular also come within the scope of the new statute . 5. Parish . - It is usual to describe the defendant as " late of the parish of Sheffield in the county ...
Common terms and phrases
15 Vict acquitted adjoining county alleged amend assault with intent assizes attempt to commit autrefois acquit averment certificate chattels clerk commit any felony county aforesaid court of sessions Crim crown and dignity custody defendant demurrer dictment doctrine of merger embezzlement enacted exceeding three expenses fees felony felony or misdemeanor Form of Indictment formal defect gaol delivery gaol or house George the Fourth give evidence guilty of felony hard labour house of correction indictable offence intent to rob judge jurisdiction jurors justices King George lady the queen larceny liable Lord malice aforethought matter or thing meanor ment Middlesex misde misdemeanor murder oath oyer and terminer paid by salary parish aforesaid payment peace perjury person charged previous conviction prosecutor proved provisions quarter sessions quashed railway recognizances record repealed riding or division sect stealing sufficient therein thereupon Thomas Platt tion trial unlawfully verdict writ of error
Popular passages
Page 21 - ... which it may become necessary to amend on such terms, as to postponing the trial, to be had before the same or another jury, as such court shall think reasonable ; and after any such amendment, the trial shall LAW No.
Page 49 - Person so offending 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 the Term of his...
Page 46 - 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...
Page 38 - It shall not be necessary to state any venue in the body of any indictment, but the county, city, or other jurisdiction named in the margin thereof, shall be taken to be the venue for all the facts stated in the body of such indictment...
Page 37 - ... sufficient to set forth the substance of the offence charged upon the defendant, and by what court...
Page 47 - 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...
Page 20 - ... consider such variance not material to the merits of the case, and that the defendant cannot be prejudiced thereby in his defense on such merits, to order such indictment to be amended according to the proof...
Page 29 - ... shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that the defendant is not guilty of the felony or misdemeanor charged, but is guilty of an attempt to commit the same...
Page 38 - ... conviction, without proof of the signature or official character of the person appearing to have signed the same.
Page 63 - No transfer of stock in this company shall be considered as binding upon the company, unless made in a book or books, to be kept for that purpose by the company.