A Practical Treatise Upon the Criminal Law and Practice of the State of New York: With an Appendix of Precedents, Designed for the Use of the Legal Profession, and All Public Officers Engaged in the Administration of Criminal Law, and as a Textbook for Students ...W.C. Little, 1868 - Criminal law |
From inside the book
Results 1-5 of 76
Page 10
... kill C , A is guilty of murder but not B ; but if it be only a moral force put upon B , as by threatening him with duress or imprisonment , or even by an assault to the peril of his life , in order to compel him to kill C , it is no ...
... kill C , A is guilty of murder but not B ; but if it be only a moral force put upon B , as by threatening him with duress or imprisonment , or even by an assault to the peril of his life , in order to compel him to kill C , it is no ...
Page 14
... kill A kill B , he will be equally guilty as if he had killed A.5 But the rules above laid down where the party claims exemp- tion from punishment , must be understood of cases where the innocent act is done with reasonable skill and ...
... kill A kill B , he will be equally guilty as if he had killed A.5 But the rules above laid down where the party claims exemp- tion from punishment , must be understood of cases where the innocent act is done with reasonable skill and ...
Page 15
... kill rats , and another takes it and dies , this may be misadventure ; but if it were laid in such a manner and place , as to be easily mistaken for proper food , it might , in some cases , amount to manslaughter . SECTION V ...
... kill rats , and another takes it and dies , this may be misadventure ; but if it were laid in such a manner and place , as to be easily mistaken for proper food , it might , in some cases , amount to manslaughter . SECTION V ...
Page 18
... killed ; turning out a wild beast to do mischief , exciting a madman or child to commit murder , laying poison purposely for another who takes it , so that death thereupon ensues , or sending forged paper through the mail to a broker ...
... killed ; turning out a wild beast to do mischief , exciting a madman or child to commit murder , laying poison purposely for another who takes it , so that death thereupon ensues , or sending forged paper through the mail to a broker ...
Page 21
... killed ; and in all cases where there is no common purpose , a person who is merely pre- sent at a murder , but neither takes any part in it nor endeavors to prevent it , nor apprehends the murderer , nor raises hue and cry after him ...
... killed ; and in all cases where there is no common purpose , a person who is merely pre- sent at a murder , but neither takes any part in it nor endeavors to prevent it , nor apprehends the murderer , nor raises hue and cry after him ...
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Other editions - View all
A Practical Treatise Upon the Criminal Law and Practice of the State of New ... John H Colby No preview available - 2015 |
A Practical Treatise Upon the Criminal Law and Practice of the State of New ... John H. Colby No preview available - 2019 |
Common terms and phrases
accessory accused appear application apprehend Arch arrest attend authority Barb bastard bench warrant Blac bond cause certified certiorari chapter child Chit city and county clerk commission committed common law complaint constable conviction coroner county judge Court of Oyer Court of Sessions court of special crime custody deemed defendant discharge disorderly persons district attorney duty examination execution fact father felony Fost grand jury guilty habeas corpus Hale Hawk hear held imprisonment indictment inquest issued jail judgment jurors larceny let to bail magistrate manner ment misdemeanors nolle prosequi oath offence charged officer order of filiation Oyer and Terminer Park party peace person charged plea police justices principal prisoner proceedings prosecution provisions punishment recognizance record Recorder's Court requisition Revised Statutes Russ search warrant SECTION sheriff special sessions stolen subpoena Supreme Court sureties taken therein thereof tion trial Vide Wend witnesses writ York
Popular passages
Page 680 - It is true that rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered that it is an accusation easily to be made and hard to be proved and harder to be defended by the party accused, though never so innocent.
Page 234 - No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service; and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indictment of a grand jury...
Page 479 - Although it is provided (Ib., 989, §40) that "the term ' felony,' when used in this act, or in any other statute, shall be construed to mean an offence for which the offender, on conviction, shall be liable by law to be punished by death, or by imprisonment in a State Prison...
Page 609 - Every person who shall administer to any woman pregnant with a quick child any medicine, drug or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter.
Page 401 - ... county jail not exceeding one year, or by a fine not exceeding five thousand dollars and not less than one thousand dollars, or by both such fine and imprisonment.
Page 666 - Provided always, that if upon the Trial of any Person indicted for such Misdemeanor it shall be proved that he obtained the Property in question in any such Manner as to amount in Law to Larceny, he shall not by reason thereof be entitled to be acquitted of such Misdemeanor; and no such Indictment shall be removable by Certiorari; and no Person tried for such Misdemeanor shall be liable to be afterwards prosecuted for Larceny upon the same Facts.
Page 670 - It is undoubted law that the rule for jurisdiction is that nothing* shall be intended to be out of the jurisdiction of a superior Court but that which specially appears to be so...
Page 539 - For decoying, taking, or enticing away a child under the age of twelve years, with intent to detain and conceal it from its parent, guardian, or other person having the lawful charge of the child; 3.
Page 504 - Every person who takes any woman unlawfully, against her will, and by force, menace, or duress, compels her to marry him, or to marry any other person, or to be defiled ,is punishable by imprisonment in the state prison not less than two nor more than fourteen years.
Page 604 - When committed by accident and misfortune, in lawfully correcting a child or servant, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent; 2.