Principles of the Criminal Law |
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Page 4
... course it is in civil , trials . The question arose on an information for the recovery of penalties for smuggling , under a particular statute . ( m ) The true test is whether or not the infliction of punishment follows on the result ...
... course it is in civil , trials . The question arose on an information for the recovery of penalties for smuggling , under a particular statute . ( m ) The true test is whether or not the infliction of punishment follows on the result ...
Page 10
... course , originally , there must have been some reason for attaching the graver consequences to one act and not to another . This was furnished by a consideration of the gravity and commonness of the offense , a considera- tion not ...
... course , originally , there must have been some reason for attaching the graver consequences to one act and not to another . This was furnished by a consideration of the gravity and commonness of the offense , a considera- tion not ...
Page 12
... course of the trial just as in civil cases . [ In the United States felonies are tried upon indictment . Misdemeanors are mostly tried upon indictment . There are , in the larger cities , courts for the trial of specified misdemeanors ...
... course of the trial just as in civil cases . [ In the United States felonies are tried upon indictment . Misdemeanors are mostly tried upon indictment . There are , in the larger cities , courts for the trial of specified misdemeanors ...
Page 13
... course does not render its doer amenable to the criminal law . ( k ) Fitz . St. 77 . ( 1 ) The text here will bear some qualification . It is , indeed , true , in general , that to constitute a crime there must be an act , and , con ...
... course does not render its doer amenable to the criminal law . ( k ) Fitz . St. 77 . ( 1 ) The text here will bear some qualification . It is , indeed , true , in general , that to constitute a crime there must be an act , and , con ...
Page 14
... course of treat- ment which he honestly believed was the best for the child's health . Queen v . Downes , L. R. 1 Q. B. Div . 25. And the Ohio statute ex- pressly makes it a crime to intentionally and without malice point or aim any ...
... course of treat- ment which he honestly believed was the best for the child's health . Queen v . Downes , L. R. 1 Q. B. Div . 25. And the Ohio statute ex- pressly makes it a crime to intentionally and without malice point or aim any ...
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Common terms and phrases
25 Vict 74 Ohio accessory accused acquitted arrest arson assault bail burglary cause charge civil clerk coin committed common law Commonwealth constitute convicted counsel counterfeit course court Crim crime criminal criminal law custody death defendant dwelling-house embezzlement evidence example excuse extent fact false pretenses felony forgery fraudulent grand jury grievous bodily harm guilty held homicide Ibid imprisonment not exceeding indictment injury insanity intent to defraud Iowa judge judgment jurisdiction jurors justice kill larceny liable libel magistrate malice manslaughter matter ment misde misdemeanor Misprision of treason murder oath obtained offense officer Ohio St owner party peace penal servitude perjury person plea possession principal prisoner proceedings prosecution proved punishable by penal queen's bench division robbery rule servant Stat statute stealing stolen sufficient summary conviction sworn taking thing tion treason trial unlawful unlawfully verdict warrant wife willfully witness writ
Popular passages
Page 23 - ... to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring 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 94 - Our sovereign Lord the King chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act made in the first year of King George, for preventing tumults and riotous assemblies. God save the King.
Page 357 - Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony ; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 25 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Page 381 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 162 - Order, or other Security whatsoever, entitling or evidencing the Title of any Person or Body Corporate to any Share or Interest in any Public Stock or Fund, whether of this Kingdom, or of Great Britain or of Ireland, or of any Foreign State, or in any Fund of any Body Corporate, Company, or Society, or to any Deposit in any Savings...
Page 107 - The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.
Page 47 - Queen, or of their eldest son and heir; or if a man do violate the King's companion, or the King's eldest daughter unmarried, or the wife of the King's eldest son and heir; or if a man do levy war against our lord the King in his realm, or be adherent to the King's enemies in his realm, giving to them aid and comfort in the realm, or elsewhere, and thereof be provably attainted of open deed by the people of their condition.
Page 73 - ... on the trial of any issue joined or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 305 - That no Indictment or Information shall be abated by reason of any dilatory Plea of Misnomer or of want of Addition, or of wrong Addition of the Party offering such Plea, if the Court shall be satisfied by Affidavit or otherwise of the Truth of such Plea ; but in such Case the Court shall forthwith cause the Indictment or...