A Treatise on the Law and Practice of Naval Courts-martial |
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Page xii
... Murder and Manslaughter may be taken cognizance of at Courts - Martial . of Francis Ansell , of H. M. S. " Trave , " tried for a Murder committed by him on board that Ship when in the River St. Lawrence . Case of Mr. R. Phillips ...
... Murder and Manslaughter may be taken cognizance of at Courts - Martial . of Francis Ansell , of H. M. S. " Trave , " tried for a Murder committed by him on board that Ship when in the River St. Lawrence . Case of Mr. R. Phillips ...
Page xv
... striking their Superiors . — Murder . Manslaughter . Unnatural Offences . Robbery - - - - - · 173 AN ABSTRACT OF THE MORE IMPORTANT COURTS - MAR- TIAL FROM 1829 TO 1848 209 APPENDIX . Page 243 · 245 No. I. As to CONTENTS . XV.
... striking their Superiors . — Murder . Manslaughter . Unnatural Offences . Robbery - - - - - · 173 AN ABSTRACT OF THE MORE IMPORTANT COURTS - MAR- TIAL FROM 1829 TO 1848 209 APPENDIX . Page 243 · 245 No. I. As to CONTENTS . XV.
Page xvii
... Murder , when the Wound is given , and the Party dies on board the Ship , the Body ought not to be subjected to a Coroner's Inquest 265 266 - 267 No. XVII . Case of Lieutenant Frye of the Marines , and the Consequences resulting from ...
... Murder , when the Wound is given , and the Party dies on board the Ship , the Body ought not to be subjected to a Coroner's Inquest 265 266 - 267 No. XVII . Case of Lieutenant Frye of the Marines , and the Consequences resulting from ...
Page 48
... murder , until accident or necessity be proved by the defendant . Sir Mathew Hale lays down two rules necessary * 2 Phillips , 436 . 1 to be observed with regard to circumstantial evi- dence 48 [ CHAP . V. PRESUMPTIONS .
... murder , until accident or necessity be proved by the defendant . Sir Mathew Hale lays down two rules necessary * 2 Phillips , 436 . 1 to be observed with regard to circumstantial evi- dence 48 [ CHAP . V. PRESUMPTIONS .
Page 49
... murder , or manslaughter , till at least the body be found , on account of two instances he mentions , when per- sons were executed for the murder of others who were then alive , although missing . * * Archbold , 124 . E CHAP . VI . III ...
... murder , or manslaughter , till at least the body be found , on account of two instances he mentions , when per- sons were executed for the murder of others who were then alive , although missing . * * Archbold , 124 . E CHAP . VI . III ...
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Common terms and phrases
accessory accused acquitted Act 22 Geo Act of Parliament actual service Admiralty article of war attend authority belonging Boatswain Captain charge not proved charge proved command commander-in-chief commission committed common law conduct Court court-martial crime defence desert directed Dismissed his ship Dismissed the service disobedience of orders Drunkenness duty examination execution Fcap felony flag-officer fleet or squadron full pay guilty HAND-BOOK imprisoned indictment jesty's Judge Judge-Advocate jurisdiction jury justice Lieutenant Lord High Admiral Lords Commissioners Lordships Majesty's ship manslaughter Marine martial master murder mutinous naval courts-martial oath offence opinion party person Post 8vo Post Captain present president prisoner proceedings prosecution prosecutor Proved Fully proved Proved Proved Proved racter rank receive 100 lashes render Royal Navy Seaman Second charge Second Edition senior officer sentence service and full severely reprimanded sit as members suffer death superior officer sworn tion trial tried vols witness Woodcuts
Popular passages
Page 128 - ... at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know it that he did not know he was doing what was wrong.
Page 128 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of committing the act, the accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 127 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Page 126 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons : as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit?
Page 130 - ... the English judges replied, "We think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But...
Page 53 - ... on the trial of any issue joined, or of any matter or question or on any inquiry arising in any suit, action or...
Page 128 - ... occasions, has generally been, whether the accused, at the time of doing the act, knew the difference between right and wrong, which mode, though rarely, if ever, leading to any mistake with the jury, is not, as we conceive, so accurate when put generally, and in the abstract, as when put to the party's knowledge of right and wrong, in respect to the very act with which he is charged.
Page 41 - Hilary term, applied at such sittings to put off the trial, on the ground of the absence of a material witness...
Page 151 - But no power on earth, except the authority of parliament, can send any subject of England out of the land against his will; no, not even a criminal.
Page 289 - An Act for amending, explaining and reducing into one Act of Parliament the Laws relating to the Government of His Majesty's Ships, vessels and forces by Sea...