A Treatise on Crimes and Misdemeanors, Volume 3T. & J. W. Johnson & Company, 1877 - Criminal law |
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Page 3
... matter depending in it , as , before the sheriff on a writ of inquiry , & c . , or whether it be taken in relation to the merits of a cause , or in a collateral matter , as where one offers himself to be a bail for another , swears that ...
... matter depending in it , as , before the sheriff on a writ of inquiry , & c . , or whether it be taken in relation to the merits of a cause , or in a collateral matter , as where one offers himself to be a bail for another , swears that ...
Page 4
... matter sworn in the usual manner . By means of which false oath the defendant did then obtain from the said W. James , so being such surrogate , a license for the solemnization of a marriage between the said J. Baker and S. Fry . The ...
... matter sworn in the usual manner . By means of which false oath the defendant did then obtain from the said W. James , so being such surrogate , a license for the solemnization of a marriage between the said J. Baker and S. Fry . The ...
Page 5
... matter concerning lands , has been holden not to be indict- able , that court having no jurisdiction in such cases . ( v ) And it seems clear , that no oath whatsoever taken before persons acting merely in a private capacity , or before ...
... matter concerning lands , has been holden not to be indict- able , that court having no jurisdiction in such cases . ( v ) And it seems clear , that no oath whatsoever taken before persons acting merely in a private capacity , or before ...
Page 7
... matter for the opinion of the court that tries the case , and any attempt to define the degree of corroboration would be illusory . One of the charges of perjury was that the prisoner swore that he was not in Burtonwood on the Sunday ...
... matter for the opinion of the court that tries the case , and any attempt to define the degree of corroboration would be illusory . One of the charges of perjury was that the prisoner swore that he was not in Burtonwood on the Sunday ...
Page 10
... matter a res judicata ; but even if the previous dismissal were a defence , still the magistrates on the second application had jurisdiction to hear the application and administer an oath . ( m ) An indictment alleged that T. Horne was ...
... matter a res judicata ; but even if the previous dismissal were a defence , still the magistrates on the second application had jurisdiction to hear the application and administer an oath . ( m ) An indictment alleged that T. Horne was ...
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Common terms and phrases
12 Vict accomplice accused acquitted admissible admitted affidavit afterwards Alderson alleged answer appeared asked assizes attorney authority averment bill called Campb charge cited clerk Comm committed common law confession conspiracy conspired constable convicted copy counsel count court Cox C. C. crime criminal cross-examination custody deceased declaration defendant dence deposition dying declaration East P. C. Erle examination fact false felony give evidence given in evidence guilty held Ibid inadmissible indictable offence indictment for perjury inducement judge judgment jury justice Leach letter Littledale Lord Campbell Lord Denman Lord Ellenborough Lord Tenterden magistrate material matter ment misdemeanor murder oath objected offence officer opinion oyer and terminer party Patteson person Phill plaintiff prisoner's produced proof prosecution prosecutor proved purpose question received rule soner Stark statement statute sufficient supra swore sworn taken tion trial voire dire witness writing
Popular passages
Page 440 - heard the evidence do you wish to say anything in answer to the " charge ? You are not obliged to say anything unless you desire to do " so, but whatever you say will be taken down in writing and may be
Page 344 - On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any Court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence...
Page 348 - Next follows a general provision, in section 14, that " whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no statute exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible in evidence in any court of justice, or before any person...
Page 339 - ... a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the clerk of the Court, or other officer having the custody of the records of the Court where the offender was convicted, or by the deputy of such clerk or officer...
Page 500 - ... conviction, without proof of the signature or official character of the person appearing to have signed the same.
Page 624 - But nothing herein contained shall render any person who, in any criminal proceeding, is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question^ tending to criminate himself or herself...
Page 320 - ... the same shall be proceeded with, in the same manner in all respects, both with respect to the liability of witnesses to be indicted for perjury, and otherwise, as if no such variance had appeared...
Page 251 - 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.
Page 465 - ... shall, in the presence of such accused person, who shall be at liberty to put questions to any witness produced against him, take the statement on oath or affirmation of those who shall know the facts and circumstances of the case...
Page 439 - ... on oath or affirmation, of those who shall know the facts and circumstances of the case, and shall put the same into writing, and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, and shall be signed also by the justice or justices taking the same...