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 21
... committed . ( v ) But no person shall be convicted of an attempt to commit an offence when it shall appear that the crime intended or the offence attempted was actually perpetrated . ( w ) Nor when it shall appear that he has been ...
... committed . ( v ) But no person shall be convicted of an attempt to commit an offence when it shall appear that the crime intended or the offence attempted was actually perpetrated . ( w ) Nor when it shall appear that he has been ...
Página 31
... commit an unlawful act is accessory to all that ensues upon that unlawful act . Thus , if A. commands B. to beat C ... committed be not the direct and immediate effect of the act done in pursuance of the command , or if the act done ...
... commit an unlawful act is accessory to all that ensues upon that unlawful act . Thus , if A. commands B. to beat C ... committed be not the direct and immediate effect of the act done in pursuance of the command , or if the act done ...
Página 32
... committed . The presence , however , need not always be an actual standing by , with- in sight or hearing of the fact ; for there may be a constructive pres- ence ; as when one commits a murder , and another keeps watch or guard at some ...
... committed . The presence , however , need not always be an actual standing by , with- in sight or hearing of the fact ; for there may be a constructive pres- ence ; as when one commits a murder , and another keeps watch or guard at some ...
Página 33
... committed in overcoming actual resistance to the execution of some legal process , or to the discharge of any other legal duty ; or 3d . When ne- cessarily committed in retaking felons who have been rescued or who have escaped ; or 4th ...
... committed in overcoming actual resistance to the execution of some legal process , or to the discharge of any other legal duty ; or 3d . When ne- cessarily committed in retaking felons who have been rescued or who have escaped ; or 4th ...
Página 37
... committed a felony ; otherwise the officer will not be justified in killing him in case of his resistance . ( y ) In cases of felony actually committed , if the offender will not suffer himself to be arrested , but stands upon his own ...
... committed a felony ; otherwise the officer will not be justified in killing him in case of his resistance . ( y ) In cases of felony actually committed , if the offender will not suffer himself to be arrested , but stands upon his own ...
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...