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 ProceedingsW. & A. Gould & Company, 1841 - 810 páginas |
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Página 19
... appears by the note of the revisers , to this last mentioned section , that it was their intention to include every ... appear to be founded upon a statutory provision which is applicable to the offence . In determining this question ...
... appears by the note of the revisers , to this last mentioned section , that it was their intention to include every ... appear to be founded upon a statutory provision which is applicable to the offence . In determining this question ...
Página 21
... appear that the crime intended or the offence attempted was actually perpetrated . ( w ) Nor when it shall appear that he has been previously acquitted on a trial for the principal offence . ( x ) A person may be convicted of an attempt ...
... appear that the crime intended or the offence attempted was actually perpetrated . ( w ) Nor when it shall appear that he has been previously acquitted on a trial for the principal offence . ( x ) A person may be convicted of an attempt ...
Página 29
... appear to have been com- mitted strictly in prosecution of the purpose for which the party was assembled ; and therefore , if divers persons be engaged in a felonious act , and one of them with malice prepense against one of his compan ...
... appear to have been com- mitted strictly in prosecution of the purpose for which the party was assembled ; and therefore , if divers persons be engaged in a felonious act , and one of them with malice prepense against one of his compan ...
Página 50
... appear by the whole circumstances of the case . ( i ) If the combat be equal at the onset , the use of a deadly weapon after- wards , it is said , will not make the offence murder , provided it was not used in pursuance of a previous ...
... appear by the whole circumstances of the case . ( i ) If the combat be equal at the onset , the use of a deadly weapon after- wards , it is said , will not make the offence murder , provided it was not used in pursuance of a previous ...
Página 70
... appear that the crime was actually committed ; nor where he shall have been acquitted upon a former trial for the principal offence . ( g ) Where there is no reason to expect that the facts and circumstances of the case , when given in ...
... appear that the crime was actually committed ; nor where he shall have been acquitted upon a former trial for the principal offence . ( g ) Where there is no reason to expect that the facts and circumstances of the case , when given in ...
Otras ediciones - Ver todas
The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ... Oliver L. Barbour Sin vista previa disponible - 2017 |
The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ... Oliver Lorenzo Barbour Sin vista previa disponible - 2015 |
The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ... Oliver L. Barbour Sin vista previa disponible - 2017 |
Términos y frases comunes
20th day accessary aforesaid alleged appear Arch arrest assault bail bastard burglary cause certiorari charged child Chit Commence committed common jail common law complaint Conclude constable conviction counterfeit court of special Cowen crime criminal custody defendant defraud discharged dwelling house East's P. C. evidence examination execution fact false forged forgery Fost guilty Hale Hale's P. C. Hawk indictment instrument intent issued James James Den John Doe John Styles judgment jury justice kill larceny Leach magistrate maliciously manslaughter Matt misdemeanor murder necessary New-York oath October last offence officer oyer and terminer P. C. ch party peace perjury person Peter White Polly White principal prisoner proceedings proof prosecution prosecutor proved Ransom Cook recognizance revised statutes Richard Fen Roscoe's Cr Russ SARATOGA COUNTY Saratoga Springs special sessions Stark stealing sufficient supreme court sureties sworn thereof town of Saratoga trial warrant Wend witness writ
Pasajes populares
Página 38 - 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 644 - ... obligation shall be void and of no effect, otherwise to remain in full force and virtue.
Página 211 - It seems that an assault is an attempt, or offer, with force and violence, to do a corporal hurt to another...
Página 25 - 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 59 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Página 441 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Página 235 - 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 153 - 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 333 - 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.
Página 60 - The killing of a human being, without a design to effect death, by the act, procurement or culpable negligence of...