Reports of Select Cases Decided in the Courts of New York: Not Heretofore Reported, Or Reported Only PartiallyDiossy, 1883 - Law reports, digests, etc |
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Page 31
... danger of committing a misdemeanor if I reduced the amount ; so that I was placed in the dilemma of running the hazard of an indictment , or of violating my oath of office and the Constitution , which forbids excessive bail . Of course ...
... danger of committing a misdemeanor if I reduced the amount ; so that I was placed in the dilemma of running the hazard of an indictment , or of violating my oath of office and the Constitution , which forbids excessive bail . Of course ...
Page 62
... danger of its being accomplished , it would be justifiable in law . V. If the judgment of the defendant was so impaired by the violence of the injuries inflicted upon him , that the act of firing the pistol , though not necessary to ...
... danger of its being accomplished , it would be justifiable in law . V. If the judgment of the defendant was so impaired by the violence of the injuries inflicted upon him , that the act of firing the pistol , though not necessary to ...
Page 63
... danger , or that some great personal injury was about to be done to him , he is not guilty of an offense . XI . If the defendant , though in no danger of serious bodily harm , through fear , alarm , or cowardice , discharged the pistol ...
... danger , or that some great personal injury was about to be done to him , he is not guilty of an offense . XI . If the defendant , though in no danger of serious bodily harm , through fear , alarm , or cowardice , discharged the pistol ...
Page 64
... danger of such design being accomplished . But of this , the jury were to be the judges , not the prisoner , and it was for them to say , from all the circumstances proved before them , whether there was rea- sonable ground for such ...
... danger of such design being accomplished . But of this , the jury were to be the judges , not the prisoner , and it was for them to say , from all the circumstances proved before them , whether there was rea- sonable ground for such ...
Page 65
... danger that some great personal injury would have been done to the pris- oner . This would depend mainly upon the facts when and from what position the pistol was fired ? If fired after the prisoner had escaped from the party in the ...
... danger that some great personal injury would have been done to the pris- oner . This would depend mainly upon the facts when and from what position the pistol was fired ? If fired after the prisoner had escaped from the party in the ...
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Common terms and phrases
affidavit alleged allow amended answer appeal application arrest asked authority averment bill cause of action Charles Crowe claim Clark and James Code committed complaint constitute conviction counsel creditor crime criminal deceased declared defendant defendant's demurrer denied design to effect discharge district attorney duty EDMONDS effect death enacted evidence examination execution executor fact felony fire granted ground guilty habeas corpus Henry Carnel Henry Clay homicide indictment injunction injury inquire intention to kill interest issued James Sullivan Joseph Clark judgment jurisdiction juror Justice legislature magistrate manslaughter matter ment motion murder ne exeat necessary objection obtained offense officer opinion Oyer and Terminer party perpetrated person plaintiff pleading premeditated design prisoner prisoner's proceedings prosecution purpose question resident Revised Statutes rule sentence sheriff Special Term suit Supreme Court testator tion Tompkins trial verdict warrant Wend Westchester county wife witness writ of error YORK OYER
Popular passages
Page 112 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 341 - When perpetrated by any act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual : "3.
Page 109 - ... to be secretly confined or imprisoned in this state, or to be sent out of the state, or...
Page 302 - From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without...
Page 112 - ... Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued...
Page 104 - No person offered as a witness shall be excluded by reason of his interest in the event of the action.
Page 112 - ... although the death shall have been caused under such circumstances as amount in law to felony.
Page 343 - If any person or persons shall commit upon the high seas, or in any river, haven, basin or bay, out of the jurisdiction of any particular state...
Page 292 - The killing of a human being, unless it is excusable or justifiable, is murder in the first degree, when committed : 1. From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2.
Page 185 - ... undoubted authority to control all persons and things within, their own territorial limits. When, therefore, both parties to a suit in a foreign country, are...