A Treatise on the Criminal Law of the United States, Volumen1Kay and brother, 1874 |
Dentro del libro
Resultados 1-5 de 73
Página ix
... accused . Semper in dubiis benigniora prae- ferenda sunt . I. 155 , § 2. D. de I. 155 , § 2. D. de reg . jur . ( 50 , 17 ) . Doubts are to tell on the side of mercy . In Coke ( 4 Rep . 26 ) we find this rendered as follows : Benignior ...
... accused . Semper in dubiis benigniora prae- ferenda sunt . I. 155 , § 2. D. de I. 155 , § 2. D. de reg . jur . ( 50 , 17 ) . Doubts are to tell on the side of mercy . In Coke ( 4 Rep . 26 ) we find this rendered as follows : Benignior ...
Página 24
... 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 . " c In this ...
... 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 . " c In this ...
Página 35
... accused had no means of retreat . If the monomaniac ' can retreat from his ' monomania , ' it ceases to supply him with a defence . " ( 3. ) On the materialistic hypothe- sis , from whose advocates the theory of the non - responsibility ...
... accused had no means of retreat . If the monomaniac ' can retreat from his ' monomania , ' it ceases to supply him with a defence . " ( 3. ) On the materialistic hypothe- sis , from whose advocates the theory of the non - responsibility ...
Página 36
... accused is entitled to be acquitted , because the act was not voluntary and was not properly his act . If the impulse was resistible , the fact that it proceeded from disease is no excuse at all . ' " t This case is reported with great ...
... accused is entitled to be acquitted , because the act was not voluntary and was not properly his act . If the impulse was resistible , the fact that it proceeded from disease is no excuse at all . ' " t This case is reported with great ...
Página 37
... accused was laboring for days under monomania , attended with delusion , and did thus indicate such a diseased state of the mind , that the act of killing the warden was to be considered as an out- break or paroxysm of disease , which ...
... accused was laboring for days under monomania , attended with delusion , and did thus indicate such a diseased state of the mind , that the act of killing the warden was to be considered as an out- break or paroxysm of disease , which ...
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Otras ediciones - Ver todas
A Treatise on the Criminal Law of the United States: Vol. I Francis Wharton Vista previa limitada - 2023 |
A Treatise on the Criminal Law of the United States: Vol. I Francis Wharton Vista previa limitada - 2023 |
Términos y frases comunes
accessary accused acquittal alleged arrest assault authority autrefois acquit averment bank notes bill circuit court commission committed common law Constitution conviction count Cox C. C. Cranch crime criminal Cush defendant delirium tremens delusion demurrer dictment discharge drunkenness East P. C. England evidence experts fact federal felony FEME COVERTS grand jury Gray guilty habeas corpus Hale Hawk held homicide Humph husband Ibid indictment indictment charging insanity intent intoxication joinder judge judgment jurisdiction jurors justice killing larceny Leach liable malicious manslaughter Mass Massachusetts ment Metc misdemeanor murder necessary nolle prosequi offence Ohio opinion Parker C. R. particular party penal penalty Pennsylvania person plea plea in abatement pleaded principal prisoner proof prosecution prosecutor proved punishment question reason Roman law rule sect Serg Stat statute stealing stolen sufficient supreme court tion trial United verdict wife witnesses words
Pasajes populares
Página 24 - ... 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 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 26 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Página 734 - No person duly authorized to practice physic or surgery, shall be allowed to disclose any information which he may have acquired in attending any patient, in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for him as a surgeon (id.
Página 174 - The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the authority of the United States...
Página 741 - Columbia, the person so charged shall, at his own request but not otherwise, be a competent witness. And his failure to make such request shall not create any presumption against him.
Página 376 - The king's counsel, your fellows, and your own, you shall keep secret : You shall present no one for envy, hatred, or malice; neither shall you leave any one unpresented for fear, favour, or affection, or hope of reward ; but you shall present all things truly as they come to your knowledge, according to the best of your understanding: So help you God.
Página 158 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Página 578 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
Página 736 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Página 353 - If any person guilty of or charged with treason, felony, or other high misdemeanor, in any state,' shall flee from justice, and be found in any of the United States, he shall, upon demand of the governor or executive power of the state from which he fled, be delivered up, and removed to the state having jurisdiction of his offence.