Summary of the Law Relative to Pleading and Evidence in Criminal Cases: With Precedents of Indictments, &c. and the Evidence Necessary to Support Them |
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Page 2
... indictment , the prosecutor may , notwithstanding , proceed by indictment upon the prohibi- tory clause , as for a misdemeanor at common law ; or he may proceed in the manner pointed out by the statute , at his option ; 2 Hale , 171. R ...
... indictment , the prosecutor may , notwithstanding , proceed by indictment upon the prohibi- tory clause , as for a misdemeanor at common law ; or he may proceed in the manner pointed out by the statute , at his option ; 2 Hale , 171. R ...
Page 16
... Indictment . AN indictment consists of three parts : the commencement , the statement , and the conclusion . We shall treat of each of these in its order . 1. The Commencement . The commencement of every indictment is thus ...
... Indictment . AN indictment consists of three parts : the commencement , the statement , and the conclusion . We shall treat of each of these in its order . 1. The Commencement . The commencement of every indictment is thus ...
Page 23
... indictment or information , the court appears to have jurisdiction over the offence , no objection can be taken by motion in arrest of judgment , or by writ of error , for the want of ... indicted for not repairing a highway Indictment . 23.
... indictment or information , the court appears to have jurisdiction over the offence , no objection can be taken by motion in arrest of judgment , or by writ of error , for the want of ... indicted for not repairing a highway Indictment . 23.
Page 32
... indictment for receiving stolen goods , if the principal felon be unknown , he may be described as a certain person ... indictment or information for any felony or misdemeanor , whether after verdict or outlawry , or by confes- sion ...
... indictment for receiving stolen goods , if the principal felon be unknown , he may be described as a certain person ... indictment or information for any felony or misdemeanor , whether after verdict or outlawry , or by confes- sion ...
Page 33
... indictment for bigamy , in averring that the first wife was alive at the time of the second marriage , it is not ... Indictment , ( G2 ) . The year must also be stated , otherwise the indictment will be insufficient ; 2 Hale , 177 ; and ...
... indictment for bigamy , in averring that the first wife was alive at the time of the second marriage , it is not ... Indictment , ( G2 ) . The year must also be stated , otherwise the indictment will be insufficient ; 2 Hale , 177 ; and ...
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Common terms and phrases
accessary acquitted afore afterwards alleged assault bill of exchange burglary charged chattels Commencement committed common law constable convicted counterfeit county aforesaid court crown and dignity custody death defendant dwelling-house East evidence fact false felony force and arms forged forgery Fost further present Gilb guilty Hale hard labour Hawk holden imprisonment indictment Indictment for stealing Inst instrument intent judges held jurors aforesaid jury kill King's laid larceny last aforesaid last precedent Leach libel lord the King malice aforethought maliciously manslaughter matter ment Middlesex misdemeanor murder necessary oath aforesaid oath present offence officer overt act parish aforesaid party peace perjury person plea plead possession principal prisoner proof prosecution prosecutor proved punishable reign Salk SECT shew shillings sovereign lord William stat statute stolen sufficient third day tion treason trial unlawfully uttering variance warrant wilfully William the Fourth wit:-The jurors words wound writ
Popular passages
Page 324 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 401 - AC esquire, then and yet being one of the justices of our said lord the King, assigned to keep the peace of our said lord the King in and for the county aforesaid, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the said county...
Page 386 - In contempt of our said Lord the King, in open violation of the laws of this kingdom, to the evil and pernicious example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Page 462 - King there being, in contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Page 357 - And be it enacted, that if any person shall unlawfully take, or cause to be taken, any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, every such offender shall be guilty of a misdemeanor...
Page 436 - 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 116 - ... a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the clerk of the Court, or other officer...
Page 227 - Kingdom or of Great Britain or of Ireland or of any Foreign State), or in any Fund of any Body Corporate, Company, or Society...
Page 10 - ... it is very difficult to define the invisible line that divides perfect and partial insanity ; but it must rest upon circumstances duly to be weighed and considered both by the judge and jury, lest on the one side there be a kind of inhumanity towards the defects of human nature, or, on the other side, too great an indulgence given to great crimes.
Page 454 - ... credit, and to bring him into public scandal, infamy, and disgrace...