Criminal Process: Or, A View of the Whole Proceedings Taken in Criminal Prosecutions, from Arrest to Judgment and Execution : Intended as an Introduction to the Study and Practice of Crown Law

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W. G. Benning & Company, 1853 - 160 páginas
 

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Página 106 - Having heard the evidence, do you wish to say anything in answer to the charge ? You are not obliged to say anything unless you desire to do so, but whatever you may say will be taken down in writing, and may be given in evidence...
Página 107 - ... he has nothing to hope from any promise of favour, and nothing to fear from any threat, which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall then say may be given in evidence against him on his trial, notwithstanding such promise or threat...
Página 151 - That in every presentment or indictment to be prosecuted against any person for wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what court, or before whom the oath...
Página 97 - ... upon the person to whom it is so directed, by delivering the same to the party personally, or by leaving the same with some person for him at his last or most usual place of abode...
Página 98 - Provided always, that allowed for no objection shall be taken or allowed to any such alleged defect in summons or warrant for any alleged defect therein THI, c. in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution before the justice or justices who shall take the examinations of the witnesses in that behalf...
Página 146 - ... such person shall not, by reason thereof, be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that the defendant is not guilty of the felony or misdemeanor charged, but is guilty of an attempt to commit the same...
Página 16 - AB was this day charged before [us], the justices within mentioned, for that [fyc., as in the warrant] ; if therefore the said AB will appear at the next court of oyer and terminer and general gaol delivery [or court of general quarter sessions of the peace] to be holden in and for the county of , and there surrender himself into the custody of the keeper of the...
Página 152 - It shall not be necessary to state any venue in the body of any indictment, but the county, city, or other jurisdiction named in the margin thereof, shall be taken to be the venue for all the facts stated in the body of such indictment ; provided, that, in cases where local description is or hereafter shall be required, such local description shall be given in the body of the indictment...
Página 92 - Warrant (B.) to apprehend such Person, and to cause him to be brought before such Justice or Justices, or...
Página 91 - means the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled " An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales, with respect to summary convictions and orders...

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