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 39
... owner himself might do , but subject to the same limitations . ( h ) Though the first clause of the section of the statute we are now considering only applies to a resisting of an attempt to murder or commit some felony upon the person ...
... owner himself might do , but subject to the same limitations . ( h ) Though the first clause of the section of the statute we are now considering only applies to a resisting of an attempt to murder or commit some felony upon the person ...
Página 40
... owner , or his family , may kill a trespasser who would forcibly dispossess him of it , in the same manner as he might , by law , kill in self defence , a man who attacked him personally ; with this distinction , however , that in ...
... owner , or his family , may kill a trespasser who would forcibly dispossess him of it , in the same manner as he might , by law , kill in self defence , a man who attacked him personally ; with this distinction , however , that in ...
Página 54
... owner , and the proof was that at the time of the committing of the offence it was in the possession of a tenant , the accused could not be convicted . ( o ) In this case Chief Justice Savage observes , in relation to the section of the ...
... owner , and the proof was that at the time of the committing of the offence it was in the possession of a tenant , the accused could not be convicted . ( o ) In this case Chief Justice Savage observes , in relation to the section of the ...
Página 55
... owner and rendered his castle defenceless . " ( q ) If the evidence is not sufficient to warrant a conviction for having committed this crime , the prisoner may be convicted of an attempt to commit it , if it be proved that he has done ...
... owner and rendered his castle defenceless . " ( q ) If the evidence is not sufficient to warrant a conviction for having committed this crime , the prisoner may be convicted of an attempt to commit it , if it be proved that he has done ...
Página 58
... owner of a mischievous ani- mal , knowing its propensities , wilfully suffers it to go at large , or keeps it without ordinary care ; and the animal , while so at large or unconfined , kills any one who has taken all the precaution that ...
... owner of a mischievous ani- mal , knowing its propensities , wilfully suffers it to go at large , or keeps it without ordinary care ; and the animal , while so at large or unconfined , kills any one who has taken all the precaution that ...
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...