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 50
... jury to find the facts specially and upon certifying the record into chancery , a pardon issued of course , in England , and in this state . the prisoner was acquitted and discharged . ( m ) But by the revised statutes , it is provided ...
... jury to find the facts specially and upon certifying the record into chancery , a pardon issued of course , in England , and in this state . the prisoner was acquitted and discharged . ( m ) But by the revised statutes , it is provided ...
Página 65
... ( 9 ) 1 Hawk . P. C. c . 41 , s . 6 . ( r ) 1 Hawk . P. C. c . 41 , s . 7. 1 East's P. C. 444. 4 Black . Com . 213 . yet are material to be left to the jury , 9 Ch . III . ] 65 OF FELONIES . Rape, On women above the age of ten years,
... ( 9 ) 1 Hawk . P. C. c . 41 , s . 6 . ( r ) 1 Hawk . P. C. c . 41 , s . 7. 1 East's P. C. 444. 4 Black . Com . 213 . yet are material to be left to the jury , 9 Ch . III . ] 65 OF FELONIES . Rape, On women above the age of ten years,
Página 66
... jury , in favor of the accused , especially in doubtful cases . ( s ) The notion that if the woman conceived , it could not be a rape , because she must , in that case , have consented , appears to be quite exploded . ( t ) A man cannot ...
... jury , in favor of the accused , especially in doubtful cases . ( s ) The notion that if the woman conceived , it could not be a rape , because she must , in that case , have consented , appears to be quite exploded . ( t ) A man cannot ...
Página 68
... jury , upon the concurring cir- cumstances . And the character of the prosecutrix as to general chastity may be impeached by general evidence . ( 1 ) And in a recent case in our supreme court it was decided , that an inquiry may be made ...
... jury , upon the concurring cir- cumstances . And the character of the prosecutrix as to general chastity may be impeached by general evidence . ( 1 ) And in a recent case in our supreme court it was decided , that an inquiry may be made ...
Página 70
... jury , for an assault with intent to ravish . But this course should not be adopted , where there is a probability that the higher offence will be proved ; as it is doubtful wheth- er , upon an indictment for an assault , the prisoner ...
... jury , for an assault with intent to ravish . But this course should not be adopted , where there is a probability that the higher offence will be proved ; as it is doubtful wheth- er , upon an indictment for an assault , the prisoner ...
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...