Hand-book of Criminal Procedure |
Contents
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Common terms and phrases
11 Cush 12 South accused acquittal alleged Allen Mass arrest assault with intent averment bail Blackf burglary Chit Clark common law Commonwealth complaint Conn constitute conviction court crime criminal Crown Cas Cush defect defendant demurrer described dictment East evidence fact felony grand jury Grat Gray Mass guilty habeas corpus Hale Hawk held indictment indictment charging Iowa joinder Jones judgment jurisdiction jurors larceny Leach magistrate matter ment Metc misdemeanor misjoinder murder N. J. Law necessary nolle prosequi oath offense was committed officer Ohio St Parker person Pick plea plea in abatement pleading Post proof prosecution punishment quash Raym render rule Russ Salk Serg Smedes statute sufficient supra surplusage Tenn tion trial variance verdict warrant weight of authority Wend witness words Yerg
Popular passages
Page 319 - ... imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection or omission is cured by the verdict.
Page 182 - But no allegation, whether it be necessary or unnecessary, whether it be more or less particular, which is descriptive of the identity of that which is legally essential to the charge in the indictment, can ever be rejected as surplusage.
Page 223 - It is an elementary principle of criminal pleading that where the definition of an offense, whether it be at common law or by statute, includes generic terms, it is not sufficient that the indictment shall charge the offense in the same generic terms as in the definition, but it must state the species — it must descend to particulars.
Page 544 - No husband shall be compellable to disclose any communication made to him by his wife during the marriage, and no wife shall be compellable to disclose any communication made to her by her husband during the marriage, . . 3 So much of section 1 of 6 & 7 Vic., cap.
Page 422 - The requirement of a public trial is for the benefit of the accused ; that the public may see he is fairly dealt with and not unjustly condemned, and that the presence of interested spectators may keep his triers keenly alive to a sense of their responsibility and to the importance of their functions...
Page 62 - ... copy of an indictment found, or an affidavit made before a magistrate of any state or territory as aforesaid, charging the person so demanded, with having committed treason, felony or other crime...
Page 17 - The trial of all offenses committed upon the high seas, or elsewhere out of the jurisdiction of any particular State or district, shall be in the district where the offender is found, or into which he is first brought.
Page 270 - The office of a proviso, generally, is either to except something from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of it, as extending to cases not intended by the legislature to be brought within its purview.
Page 200 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...