Reports of Decisions in Criminal Cases Made at Term at Chambers: And in the Courts of Oyer and Terminer of the State of New York [1823-1868], Volumen6William Gould and Son, 1868 |
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Página 23
... testimony did not approximate to even prima facie evi- dence of the fact . Such as it was , it was fairly submitted by the court to the jury , as was also the question of the variance before considered . 6th . After the evidence was ...
... testimony did not approximate to even prima facie evi- dence of the fact . Such as it was , it was fairly submitted by the court to the jury , as was also the question of the variance before considered . 6th . After the evidence was ...
Página 34
... testimony , it appeared that the name of the person , alleged to have been defrauded , was spelt Robison and not Robinson , as set forth in the indictment . The other facts in the case sufficiently appear in the charge of the Recorder ...
... testimony , it appeared that the name of the person , alleged to have been defrauded , was spelt Robison and not Robinson , as set forth in the indictment . The other facts in the case sufficiently appear in the charge of the Recorder ...
Página 35
... testimony of Hall as to his assignment to the sixth cavalry , and the prisoner is , therefore , entitled to an acquittal . VII . The next is that the false representations must be material , and intended to induce Robison to enlist in ...
... testimony of Hall as to his assignment to the sixth cavalry , and the prisoner is , therefore , entitled to an acquittal . VII . The next is that the false representations must be material , and intended to induce Robison to enlist in ...
Página 39
... testimony between the clerk in the provost - marshal's office and the complaining witness . It is true , as stated by counsel for the defense , if the jury find that the witness has designedly told a falsehood in regard to any one thing ...
... testimony between the clerk in the provost - marshal's office and the complaining witness . It is true , as stated by counsel for the defense , if the jury find that the witness has designedly told a falsehood in regard to any one thing ...
Página 40
... testimony of the clerk , whether Robinson is discredited . Of course , if you do not believe his story , you cannot convict the prisoner ; if you do believe his story , then whether you will convict the prisoner will depend upon the ...
... testimony of the clerk , whether Robinson is discredited . Of course , if you do not believe his story , you cannot convict the prisoner ; if you do believe his story , then whether you will convict the prisoner will depend upon the ...
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Términos y frases comunes
31 Bond street aforesaid alleged appeared arsenic asked authority blood body bowels Burdell Burdell's called cause challenge charge Chemung Chemung county city of Elmira clerk Clinton committed conviction coroner counsel excepted Court of Sessions crime cross-examination Cunningham death deceased defendant district attorney doctor door Eckel enlistment evidence examination fact feloniously guilty habeas corpus heard held Henry Gardiner Huldah indictment inflicted intent judge judgment jurisdiction jurors jury Justice killing Lanergan Matter of William McCraney ment morning Mulock murder night o'clock objection offense officer opinion Oyer and Terminer PAR.-VOL party peremptory challenge person plaintiff in error present prisoner prisoner's counsel prosecution proved question recollect refused Snodgrass stairs statute stomach Supreme Court sworn taken testified testimony tion told town of Elmira trial United verdict Wend William Reynolds witness wound
Pasajes populares
Página 647 - ... a question of fact to be determined by the jury, under proper instructions from the court as to what constitutes negligence.
Página 238 - ... should have a good opinion of his jury, the want of which might totally disconcert him ; the law wills not that he should be tried by any one man against whom he has conceived a prejudice, even without being able to assign a reason forsnch his dislike, a.
Página 609 - The killing of a human being, unless it is excusable or justifiable, is murder in the first degree, when committed : 1. From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2.
Página 219 - From a deliberate and premeditated design to effect the death of the person killed, or of another; or, 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect the death of any individual; or without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise; or, 3.
Página 306 - We do not question the authority of state court, or judge, who is authorized by the laws of the state to issue the writ of habeas corpus, to issue it in any case where the party is imprisoned within its territorial limits, provided it does not appear, when the application is made, that the person imprisoned is in custody under the authority of the United States.
Página 306 - They then know that the prisoner is within the dominion and jurisdiction of another government, and that neither, the writ of habeas corpus nor any other process issued under state authority can pass over the line of division between the two sovereignties. He is then within the dominion and exclusive jurisdiction of the United States. If he has committed an offense against their laws, their tribunals alone can punish him. If he is wrongfully imprisoned, their judicial tribunals can release him and...
Página 612 - ... sought to be proved. The advantages are, that, as the evidence commonly comes from several witnesses and different sources, a chain of circumstances is less likely to be falsely prepared and arranged, and falsehood and perjury are more likely to be detected and fail of their purpose.
Página 193 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Página 162 - That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Página 132 - Every person who takes away any female under the age of eighteen years from her father, mother, guardian, or other person having the legal charge of her person...