The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction, Duty, and Authority of Justices of the Peace in the State of New York in Criminal Cases : Containing Also a Summary of the Law Relative to Crimes and Punishments, with an Appendix of Forms of Proceedings
W. & A. Gould & Company, 1841 - 810 páginas
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The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ...
Oliver Lorenzo Barbour
Sin vista previa disponible - 2015
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Página 36 - Homicide is also justifiable when committed by any person in either of the following cases: "(1) When resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or In any dwelling house In which such person shall be...
Página 209 - It seems that an assault is an attempt, or offer, with force and violence, to do a corporal hurt to another...
Página 23 - And all these circumstances of justification, excuse or alleviation, it is incumbent upon the prisoner to make out, to the satisfaction of the court and jury : the latter of whom are to decide whether the circumstances alleged are proved to have actually existed ; the former, how far they extend to take away or mitigate the guilt. For all homicide is presumed to be malicious, until the contrary appeareth upon evidence1.
Página 57 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Página 439 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Página 233 - Where the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or in any other section or statute, the doing such act shall be deemed a misdemeanor.
Página 151 - Therefore no delivery of the goods from owner to the offender, upon trust, can ground a larceny. As if A lends B a horse, and he rides away with him ; or if I send goods by a carrier, and he carries them away; these are no larcenies.
Página 331 - A sentence of imprisonment in a state prison for any term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during such imprisonment.