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 35
... warrant of a justice of the peace be not in strictness lawful , as if it do not express the cause with sufficient particularity ; yet if the matter be within his juris- diction , the officer will be justified in killing those who oppose ...
... warrant of a justice of the peace be not in strictness lawful , as if it do not express the cause with sufficient particularity ; yet if the matter be within his juris- diction , the officer will be justified in killing those who oppose ...
Página 37
... warrant , he may be lawfully killed by them . ( 2 ) In case an innocent person is indicted for a felony and will not suffer him- self to be arrested by the officer who has a warrant for that purpose , he may be lawfully killed by the ...
... warrant , he may be lawfully killed by them . ( 2 ) In case an innocent person is indicted for a felony and will not suffer him- self to be arrested by the officer who has a warrant for that purpose , he may be lawfully killed by the ...
Página 38
... warrant , and that , therefore , if it be not possible otherwise to arrest him , he will be justified in killing him , al- though he have no warrant . ( d ) Where a private person lends his assistance to an officer , whether commanded ...
... warrant , and that , therefore , if it be not possible otherwise to arrest him , he will be justified in killing him , al- though he have no warrant . ( d ) Where a private person lends his assistance to an officer , whether commanded ...
Página 43
... warrant ; but in cases of misdemeanor and breach of the peace , a warrant is required . It likewise seems to be the better opinion , that mere suspicion of felony will not justify him in proceeding to this extremity , unless he be armed ...
... warrant ; but in cases of misdemeanor and breach of the peace , a warrant is required . It likewise seems to be the better opinion , that mere suspicion of felony will not justify him in proceeding to this extremity , unless he be armed ...
Página 44
... warrant , in apprehending and detaining , until they can be carried before a magistrate , all persons found attempting to commit a felo- ny . ( n ) But whether a constable or other peace officer is warranted in ar- resting a person upon ...
... warrant , in apprehending and detaining , until they can be carried before a magistrate , all persons found attempting to commit a felo- ny . ( n ) But whether a constable or other peace officer is warranted in ar- resting a person upon ...
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...