Reports of Cases in Criminal Law Argued and Determined in All the Courts in England and Ireland, Volume 1Edward William Cox J. Crockford, Law Times Office, 1846 - Criminal law |
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Page 26
... writ of certiorari to issue , to remove the indictment into the Queen's Bench . The writ was issued with nothing but the judge's signature , but when presented to the clerk of the peace , he objected to receive it , on the ground that ...
... writ of certiorari to issue , to remove the indictment into the Queen's Bench . The writ was issued with nothing but the judge's signature , but when presented to the clerk of the peace , he objected to receive it , on the ground that ...
Page 28
... writ of error . However , as there is another indictment against the prisoners , in which this objection does not arise , they must be now tried upon it , and thus all further question may be avoided . Wilde then objected to their being ...
... writ of error . However , as there is another indictment against the prisoners , in which this objection does not arise , they must be now tried upon it , and thus all further question may be avoided . Wilde then objected to their being ...
Page 38
... writ or writs of certiorari , or other process , directed to the justices of the peace acting in and for such county , riding , division , or liberty , or to the recorder of any bo- rough , situate within the said county , commanding ...
... writ or writs of certiorari , or other process , directed to the justices of the peace acting in and for such county , riding , division , or liberty , or to the recorder of any bo- rough , situate within the said county , commanding ...
Page 75
... writ of error . With regard to the first count , I shall leave it to the jury to say whether this was a place in which such practices occurring , they were likely to be witnessed by others . It cannot be necessary to prove that the ...
... writ of error . With regard to the first count , I shall leave it to the jury to say whether this was a place in which such practices occurring , they were likely to be witnessed by others . It cannot be necessary to prove that the ...
Page 92
... writ- ten " ( R. v . Brereton , 8 Mod . 330 ) ; and of an indict- ment for a nuisance , charging that defendant sepem levavit vel levari causarit . ( R. v . Stoughton , 2 Stra . 901. ) if it were allowable at all , you might as 92 ...
... writ- ten " ( R. v . Brereton , 8 Mod . 330 ) ; and of an indict- ment for a nuisance , charging that defendant sepem levavit vel levari causarit . ( R. v . Stoughton , 2 Stra . 901. ) if it were allowable at all , you might as 92 ...
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Common terms and phrases
acquitted Act of Parliament aforesaid ALDERSON alleged appear apply argument arrest of judgment assault ASSIZES authority bad counts Baron Barrister-at-law Benjamin Gott bill caption CENTRAL CRIMINAL COURT certiorari challenge CIRCUIT committed common law conspiracy conspiring contended convicted counsel Court of Error Crown Daniel O'Connell deceased defendant defraud evidence fact Felicidade felony finding found guilty given ground held indorsement intent Joseph Locke jurisdiction jurors Lady the Queen laid larceny learned friend learned judges LORD DENMAN Lord Mansfield lordships Majesty's malice aforethought MAULE ment misdemeanor murder names O'Connell objection offence opinion parish party PATTESON person plea plead present pretence prisoner was indicted proceeded prosecution prosecutor proved punishment Queen's Bench question reason record Reported by B. C. rule second count sentence shew statute stealing submitted sufficient supposed taken traversers treaty trial verdict vessel Vict witnesses words writ of error
Popular passages
Page 153 - Eyre to be this, — that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone ; when every motive to falsehood is silenced, and the mind is induced, by the most powerful considerations, to speak the truth.
Page 128 - EF then and there feloniously, wilfully and of his malice aforethought, did strike and...
Page 232 - ... on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or proceeding, civil or criminal, in any court, or before any judge, jury, sheriff, coroner, magistrate, officer, or person having, by law or by consent of parties, authority to hear, receive, and examine evidence...
Page 115 - An Act to amend and consolidate the Laws relating to the Pay of the Royal Navy...
Page 232 - ... but that every person so offered may and shall be admitted to give evidence on oath, or solemn affirmation, in those cases wherein affirmation is by law receivable; notwithstanding that such person may or shall have an interest in the matter in question, or in the event of the trial of any issue, matter, question, or...
Page 129 - The charge must contain such a description of the crime, that the defendant may know what crime it is which he is called upon to answer ; that the jury may appear to be warranted in their conclusion of ' guilty' or ' not
Page 145 - Be it enacted, by the authority aforesaid, that wherever any person taketh money or reward, directly or indirectly, under pretence or upon account of helping any person...
Page 325 - ... shall not be lawful for the subjects of the Emperor of Brazil to be concerned in the carrying on of the African Slave Trade, under any pretext or in any manner whatever...
Page 543 - indictment for conspiracy ought to show, either that it was for an unlawful " purpose, or to effect a lawful purpose by unlawful means: that it is not done
Page 153 - The general principle on which this species of evidence is admitted, is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone ; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth : a situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a court of justice.