Principles of the Criminal Law |
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Page 13
... Malice . It will be more con- venient to treat of them in this order , though obviously the reverse of the actual sequence of events . ( 1 ) To will an act is " to go through that inward state which , as experience informs us , is ...
... Malice . It will be more con- venient to treat of them in this order , though obviously the reverse of the actual sequence of events . ( 1 ) To will an act is " to go through that inward state which , as experience informs us , is ...
Page 14
... malice point or aim any firearm at or toward any person , unless in self - defense or in discharge of duty . 74 Ohio L. 245 . While it is in general true that ignorance of the existence of facts which make the act a crime , is a defense ...
... malice point or aim any firearm at or toward any person , unless in self - defense or in discharge of duty . 74 Ohio L. 245 . While it is in general true that ignorance of the existence of facts which make the act a crime , is a defense ...
Page 15
... malice , is requisite . Legal malice is a willful intent to do an unlawful injury . Where a person undertakes maliciously to do an unlawful act , and in the per- petration thereof does , unintentionally , another unlawful act , the un ...
... malice , is requisite . Legal malice is a willful intent to do an unlawful injury . Where a person undertakes maliciously to do an unlawful act , and in the per- petration thereof does , unintentionally , another unlawful act , the un ...
Page 16
... Malice ; " a term which is truly a legal enigma , on account of the many and conflicting senses in which it is used . As synonymous with criminal intention , it is thus necessary to the legal conception of crime . To secure a conviction ...
... Malice ; " a term which is truly a legal enigma , on account of the many and conflicting senses in which it is used . As synonymous with criminal intention , it is thus necessary to the legal conception of crime . To secure a conviction ...
Page 17
... malice is only traced one stage further back . An extreme case of this negative malice is where there is merely the absence of a thought which ought to have been there , as in the non- repair of roads through forgetfulness . It is usual ...
... malice is only traced one stage further back . An extreme case of this negative malice is where there is merely the absence of a thought which ought to have been there , as in the non- repair of roads through forgetfulness . It is usual ...
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Common terms and phrases
25 Vict 74 Ohio accessory accused acquitted arrest arson assault bail breach burglary cause charge civil coin committed common law Commonwealth conspiracy constitute convicted counsel counterfeit course court Crim crime criminal law custody death defendant embezzlement evidence example excuse extent fact false pretenses felony Fitz forgery grand jury grievous bodily harm ground guilty held homicide Ibid indictment injury insanity intent to defraud Iowa judge judgment jurisdiction jurors justice kill larceny Leach liable libel magistrate malice manslaughter matter ment misde misdemeanor Misprision of treason murder nuisances oath obtained offense officer Ohio St owner party peace penal servitude perjury person plea plead possession present principal prisoner proceedings prosecution proved punishable by penal queen's bench queen's bench division rule servant Stat statute stealing stolen sufficient sworn taking term tion treason trial United unlawful 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...