Criminal Law Reports: Being Reports of Cases Determined in the Federal and State Courts of the United States, and in the Courts of England, Ireland, Canada, Etc, Հատոր 2Hurd and Houghton, 1879 |
From inside the book
Արդյունքներ 79–ի 1-ից 5-ը:
Էջ 26
... charged in the indictment to have been done knowingly , it is the practice to receive proof of more than one uttering , committed by the party about the same time , though only one uttering be charged in the indictment . This is in ...
... charged in the indictment to have been done knowingly , it is the practice to receive proof of more than one uttering , committed by the party about the same time , though only one uttering be charged in the indictment . This is in ...
Էջ 72
... charged to have been feloniously done . The defect of the indictment in this respect is not that it has omitted to ... charged in an indictment its proper character of felony or misdemeanor must be attributed by the pleading , for the ...
... charged to have been feloniously done . The defect of the indictment in this respect is not that it has omitted to ... charged in an indictment its proper character of felony or misdemeanor must be attributed by the pleading , for the ...
Էջ 74
... charged , to constitute a felony . It omits , however , the word " feloniously , " a word for which our law has no ... charged in the indictment . Thus in the familiar case of an indictment for murder the jury may disaffirm " malice ...
... charged , to constitute a felony . It omits , however , the word " feloniously , " a word for which our law has no ... charged in the indictment . Thus in the familiar case of an indictment for murder the jury may disaffirm " malice ...
Էջ 88
... charged the accused with the commission , more than two years previ- ously , of certain acts amounting to an offence as defined by an Act of Congress ; another act limited prosecutions for this and other offences to two years , unless ...
... charged the accused with the commission , more than two years previ- ously , of certain acts amounting to an offence as defined by an Act of Congress ; another act limited prosecutions for this and other offences to two years , unless ...
Էջ 89
... charged was com- mitted more than two years before the finding and filing of the in- dictment , and that the prosecution therefore was , before the finding and filing of the indictment , barred by the statute in such cases made and ...
... charged was com- mitted more than two years before the finding and filing of the in- dictment , and that the prosecution therefore was , before the finding and filing of the indictment , barred by the statute in such cases made and ...
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Common terms and phrases
accused acquitted admissible aforesaid alleged appear appellant arrest assault Attorney authority autrefois acquit averment Carroll County cause certificate charged Circuit Court circumstances clause commissioner committed common law Commonwealth complaint constitute conviction counsel Crim crime criminal deceased declarations defendant defendant's defraud demurrer discharged dying declarations enacting clause evidence extradition fact felony fendant given grand larceny ground guilty habeas corpus held indictment instructed the jury intent issue judge judgment jurisdiction juror justice killing larceny liquors maliciously manslaughter marriage ment misdemeanor motion murder necessary objection offence opinion overruled party person plaintiff in error plea pleading presumption prisoner proceedings proof prosecution proved Prussia punishment purpose question reasonable doubt respondent rule sentence statute sufficient Supreme Court term testified testimony tion treaty trial U. S. Stat United verdict Vict warrant wife witness words writ of error
Սիրված հատվածներ
Էջ 54 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Էջ 399 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Էջ 183 - ... committed within the jurisdiction of either, shall seek an asylum, or shall be found within the territories of the other : provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension...
Էջ 183 - Ireland are determined that, so far as may be in their power, it shall be effectually abolished; and whereas it is found expedient, for the better administration of justice and the prevention of crime within the territories and jurisdiction of the two parties respectively, that persons committing the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up...
Էջ 442 - ... 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.
Էջ 134 - ... the trial of crimes committed on the high seas, or in any place out of the jurisdiction of any particular state, shall be in the district where the offender is apprehended, or into which he may first be brought.
Էջ 423 - The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
Էջ 702 - After hearing the appeal, the court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties.
Էջ 342 - 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.
Էջ 116 - And that either of the justices of the Supreme Court, as well as judges of the District Courts, shall have power to grant writs of habeas corpus, for the purpose of an inquiry into the cause of commitment.