A Selection of Cases and Other Authorities Upon Criminal LawHarvard University Press, 1915 - 1011 páginas |
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Página 67
... killing a horse ; and upon a motion in arrest of judgment , it came on to be argued whether the offence , so laid , was indictable . Sergeant , in support of the motion , contended that this was an in- jury of a private nature ...
... killing a horse ; and upon a motion in arrest of judgment , it came on to be argued whether the offence , so laid , was indictable . Sergeant , in support of the motion , contended that this was an in- jury of a private nature ...
Página 68
... killing to be something more than a trespass ; and that it was done maliciously forms the gist of the indictment ; which must be proved by the prosecutor , and might have been controverted and denied by the defendant . Being therefore ...
... killing to be something more than a trespass ; and that it was done maliciously forms the gist of the indictment ; which must be proved by the prosecutor , and might have been controverted and denied by the defendant . Being therefore ...
Página 105
... kill any human being , or to conspire to do so , an attempt by means of witchcraft , or a conspiracy to kill by means of charms and incantations , would not be an offense within such a statute . The pov- erty of language compels one to ...
... kill any human being , or to conspire to do so , an attempt by means of witchcraft , or a conspiracy to kill by means of charms and incantations , would not be an offense within such a statute . The pov- erty of language compels one to ...
Página 109
... kill the officer . It is equally plain that this attempt was an unlawful one . For the intent to kill was present in his mind at the time he fired the shot , and if death had been the result , under the facts as disclosed , there was no ...
... kill the officer . It is equally plain that this attempt was an unlawful one . For the intent to kill was present in his mind at the time he fired the shot , and if death had been the result , under the facts as disclosed , there was no ...
Página 110
... killed from a bullet from the pistol , and his antagonist fired with the intent of killing him . Appellant's mistake as to the policeman's exact loca- tion upon the roof affords no excuse for his act , and causes the act to be no less ...
... killed from a bullet from the pistol , and his antagonist fired with the intent of killing him . Appellant's mistake as to the policeman's exact loca- tion upon the roof affords no excuse for his act , and causes the act to be no less ...
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Términos y frases comunes
accused alleged appeared assault ASSIZES attempt authority charged chattel circumstances cited committed common law Commonwealth concurred consent conspiracy constitute conviction counsel Cox C. C. Crim crime criminal CROWN CASE RESERVED death defendant defraud delivered East P. C. evidence fact false pretences felonious intent felony forgery fraud fraudulent guilty of larceny held homicide indictable offence indictment injury insanity judgment jurisdiction jury found Justice kill learned judge legislature liable Lord LORD CAMPBELL maliciously malum in se malum prohibitum manslaughter matter means mens rea ment misdemeanor murder obtained offence Old Bailey opinion owner party person plaintiff in error possession present principle prisoner prisoner's prosecution prosecutor proved punishment purpose Quarter Sessions quashed question reason received Regina Reported rule servant shillings statute stealing stolen sufficient supposed SUPREME COURT taken taking tion trespass trial unlawful unlawfully verdict Vict wife words wrong
Pasajes populares
Página 326 - ... 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.
Página 327 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Página 282 - 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...
Página 3 - That the following articles shall be considered as articles of compact between the original states, and the people and states, in the said territory, and forever remain unalterable, unless by common consent, to wit: ARTICLE I.
Página 946 - Any person who shall administer to any woman pregnant with a child any medicine, drug or substance whatever, or shall use or employ any instrument or other means with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother or shall have been advised by two physicians to be necessary for such purpose...
Página 842 - Forgery at common law has been defined as 'the fraudulent making or alteration of a writing to the prejudice of another man's right
Página 464 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him: for the law will presume the fact to have been founded in malice until the contrary appeareth.
Página 246 - Provided that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time...
Página 962 - The prohibition is not against being twice punished, but against being twice put in jeopardy ; and the accused, whether convicted or acquitted, is equally put in jeopardy at the first trial.
Página 657 - We think that so long as he has made no election he retains the right to determine it either way, subject to this, that if in the interval whilst he is deliberating, an innocent third party has acquired an interest in the property, or if in consequence of his delay the position even of the wrong-doer is affected, it will preclude him from exercising his right to rescind.