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 44
... proved and those laid — even if laid as spoken in the third per- son and proved to have been spoken in the second , R. v . Perry , 4 T. R. 217 - the defendant must be acquitted . But if some of the words be proved as laid , and the ...
... proved and those laid — even if laid as spoken in the third per- son and proved to have been spoken in the second , R. v . Perry , 4 T. R. 217 - the defendant must be acquitted . But if some of the words be proved as laid , and the ...
Page 88
... PROVED . WHERE the defendant pleads the general issue , not guilty , the prosecutor is obliged to prove at the trial every fact and cir- cumstance stated in the indictment , which is material , and necessary to constitute the offence ...
... PROVED . WHERE the defendant pleads the general issue , not guilty , the prosecutor is obliged to prove at the trial every fact and cir- cumstance stated in the indictment , which is material , and necessary to constitute the offence ...
Page 89
... proved by mat- ter of record , it must be correctly stated . See Grey v . Bennet , 1 T. R. 656. Pope v . Foster , 4 ... proved to have been committed in the night time ; although the day on which the offence is charged to have been ...
... proved by mat- ter of record , it must be correctly stated . See Grey v . Bennet , 1 T. R. 656. Pope v . Foster , 4 ... proved to have been committed in the night time ; although the day on which the offence is charged to have been ...
Page 90
... prove affirmatively the existence within the county of the parish laid in the indictment , and ex- pressed a doubt how they should hold , even where it was proved negatively for the prisoner that no such parish existed . R. v . Dowling ...
... prove affirmatively the existence within the county of the parish laid in the indictment , and ex- pressed a doubt how they should hold , even where it was proved negatively for the prisoner that no such parish existed . R. v . Dowling ...
Page 91
... proved to be in Farnham Royal , it was holden not to be a fatal variance , un- less it were shewn that there were two Farnhams . Doe v . Salter , 13 East , 9. Where the premises were laid to be in Westbury , and it was proved that there ...
... proved to be in Farnham Royal , it was holden not to be a fatal variance , un- less it were shewn that there were two Farnhams . Doe v . Salter , 13 East , 9. Where the premises were laid to be in Westbury , and it was proved that there ...
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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...