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 38
... dwelling house in which such person shall be ; or , 2. When committed in the lawful defence of such person , or of his or her wife , husband , pa- rent , child , master , mistress , or servant , when there shall be a reasonable ground ...
... dwelling house in which such person shall be ; or , 2. When committed in the lawful defence of such person , or of his or her wife , husband , pa- rent , child , master , mistress , or servant , when there shall be a reasonable ground ...
Página 39
... dwelling house , and would , therefore , justify any person who was in the house in killing a person who was attempting to murder another person in such house - murder being embraced in the word felony . With regard to the nature of the ...
... dwelling house , and would , therefore , justify any person who was in the house in killing a person who was attempting to murder another person in such house - murder being embraced in the word felony . With regard to the nature of the ...
Página 53
... dwelling house , in which there shall be , at the time , some human being . And every house , prison , jail , or other edifice , which shall have been usually occu- pied by persons lodging therein at night , is to be deemed a dwelling ...
... dwelling house , in which there shall be , at the time , some human being . And every house , prison , jail , or other edifice , which shall have been usually occu- pied by persons lodging therein at night , is to be deemed a dwelling ...
Página 54
... dwelling house , though it occur in doing an unlawful act , is not arson in the first degree . ( i ) But if a man intending to commit a felony , by accident sets fire to another man's house , this , as it seems , is arson at common law ...
... dwelling house , though it occur in doing an unlawful act , is not arson in the first degree . ( i ) But if a man intending to commit a felony , by accident sets fire to another man's house , this , as it seems , is arson at common law ...
Página 55
... dwelling house , " will suffice . ( t ) It is no vari- ance to call a building within the curtilage , an " outhouse " in general terms . ( u ) The name of the owner must be stated as in burglary . ( v ) We have before observed , that an ...
... dwelling house , " will suffice . ( t ) It is no vari- ance to call a building within the curtilage , an " outhouse " in general terms . ( u ) The name of the owner must be stated as in burglary . ( v ) We have before observed , that an ...
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...