A History of the Criminal Law of England, Հատոր 2 |
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according action already answer appears apply attempt authority called cause charged Code commission committed common common law conduct connected considered convicted course court crime criminal law death defendant definition direction disease doubt ecclesiastical ecclesiastical courts effect enacted England English established evidence existence expression fact felony force give given ground guilty Hale Henry heresy House importance imprisonment indictment insanity instance intention judges jurisdiction jury justice kind king king's less libel Lord madness matter means mentioned mind moral murder namely nature never object observed offence opinion Parliament particular passed person political practice present principle prisoner prosecutions provisions published punishment question referred regarded relating rule seditious seems sense severe ship statute supposed taken things tion treason trial tried true whole writing wrong XXIV
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Էջ 158 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring 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 345 - That, on every such trial, the jury sworn to try the issue may give a general verdict of Guilty or Not Guilty upon the whole Matter put in issue upon such indictment or information ; and shall not be required or directed, by the court or judge before whom such indictment or information...
Էջ 69 - A fugitive criminal shall not be surrendered to a foreign State unless provision is made by the law of that State, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Her Majesty's dominions, be detained or tried in that foreign State for any offence committed prior to his surrender other than the extradition crime proved by the facts on which the surrender is grounded...
Էջ 227 - A conspiracy, it is said,f consists not merely in the intention of two or more, but in the agreement of two or more, to do an unlawful act or to do a lawful act by unlawful means.
Էջ 302 - ... any false news or tales, whereby discord, or occasion of discord, or slander may grow between the king and his people, or the great men of the realm ; and he that doth so, shall be taken and kept in prison, until he hath brought him into the court who was the first author of the tale.
Էջ 158 - If the question were to be put as to the knowledge of the accused, solely and exclusively with reference to the law of the land, it might tend to confound the jury, by inducing them to believe that an actual knowledge of the law of the land...
Էջ 163 - To establish a defence on the ground of insanity it must be clearly proved that, at the time of committing the act, the party accused was labouring 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 that what he was doing was wrong.
Էջ 149 - No act is a crime if the person who does it is, at the time when it is done, prevented, either by defective mental power, or by any disease affecting his mind...
Էջ 488 - Christ, at or after the consecration thereof by any person whatsoever ; and that the invocation or adoration of the Virgin Mary or any other saint, and the sacrifice of the mass as they are now used in the church of Rome, are superstitious and idolatrous.
Էջ 216 - It is a melancholy truth, that among the variety of actions which men are daily liable to commit, no less than a hundred and sixty have been declared by act of parliament to be felonies without benefit of clergy; or, in other words, to be worthy of instant death.