A Selection of Cases and Other Authorities Upon Criminal LawHarvard University Press, 1915 - 1011 páginas |
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Página 7
... punishment therefore must be strictly construed ( Denbow v . State , 18 Ohio , 11 ; Hall v . State , 20 Ohio , 1 ; Shultz v . Cambridge , 38 Ohio St. 659 ) ; still , where the legislature , in defining a crime , adopts the language ...
... punishment therefore must be strictly construed ( Denbow v . State , 18 Ohio , 11 ; Hall v . State , 20 Ohio , 1 ; Shultz v . Cambridge , 38 Ohio St. 659 ) ; still , where the legislature , in defining a crime , adopts the language ...
Página 10
... punishment to it , and declare the court that shall have jurisdiction of the offence . Certain implied powers must ... punish for crimes , U. S. v . Carll . 105 U. S. 611 . The common law as to crime prevails in the District of Columbia ...
... punishment to it , and declare the court that shall have jurisdiction of the offence . Certain implied powers must ... punish for crimes , U. S. v . Carll . 105 U. S. 611 . The common law as to crime prevails in the District of Columbia ...
Página 11
... punishment is inconsistent with the constitution . The constitution of the United States provides that cruel and unusual punishments shall not be inflicted . The power of the legislature in the punishment of crimes is not a special ...
... punishment is inconsistent with the constitution . The constitution of the United States provides that cruel and unusual punishments shall not be inflicted . The power of the legislature in the punishment of crimes is not a special ...
Página 12
... punish- ments would also encroach upon rules and rights established by the constitution . Though the legislature have an undoubted power to prescribe capital punishment and other punishments which produce a disability to enjoy ...
... punish- ments would also encroach upon rules and rights established by the constitution . Though the legislature have an undoubted power to prescribe capital punishment and other punishments which produce a disability to enjoy ...
Página 13
... punishment seems not probable ; the legis- lature having hitherto adopted this punishment only in the two cases of bribery and duels . But whatever may be the danger of abuse , the punishment itself is not unconstitutional . The remedy ...
... punishment seems not probable ; the legis- lature having hitherto adopted this punishment only in the two cases of bribery and duels . But whatever may be the danger of abuse , the punishment itself is not unconstitutional . The remedy ...
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Términos y frases comunes
accused alleged appeared assault ASSIZES attempt authority burglary 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 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 took 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.