A Collection of Cases Decided by the General Court of Virginia, Chiefly Relating to the Penal Laws of the Commonwealth, Copied from the Records of Said Court, with Explanatory Notes |
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Página 202
Every plea must be . certain and so pleaded as to be capuble of trial . ( 1 Chitty ,
513 , 520 . ) Now these pleas are not capable of trial , because the record of the
examining court is not a part of the plea , as it should be . Again , the pleas are ...
Every plea must be . certain and so pleaded as to be capuble of trial . ( 1 Chitty ,
513 , 520 . ) Now these pleas are not capable of trial , because the record of the
examining court is not a part of the plea , as it should be . Again , the pleas are ...
Página 216
Rep . and Bacon , were civil cases in which the defendants asked a favour , and
the court would not allow the pleas because ... The third plea avers an acquittal of
the murder and felony ; if there is a repugnance between the second and third ...
Rep . and Bacon , were civil cases in which the defendants asked a favour , and
the court would not allow the pleas because ... The third plea avers an acquittal of
the murder and felony ; if there is a repugnance between the second and third ...
Página 217
rity to try him , and ought to produce the record remanding him for trial , and if by
the record he is acquitted , all that can be required of him is to produce the record
of acquittal in evidence to support his plea , but not to make it a part of his plea .
rity to try him , and ought to produce the record remanding him for trial , and if by
the record he is acquitted , all that can be required of him is to produce the record
of acquittal in evidence to support his plea , but not to make it a part of his plea .
Página 218
All that Hale means by saying that the record is part of the prisoner ' s plea is that
the contents of the record , and not the record itself , should be made a part of the
plea . The record is evidence to prove the plea , but not a part of it . In Rastal , p ...
All that Hale means by saying that the record is part of the prisoner ' s plea is that
the contents of the record , and not the record itself , should be made a part of the
plea . The record is evidence to prove the plea , but not a part of it . In Rastal , p ...
Página 252
and legally acquitted of the said murder and felony with which he stood charged ,
and was adjudged by the court not guilty thereof : To each of which pleas , the
attorney for the commonwealth demurred generally and the prisoner filed a ...
and legally acquitted of the said murder and felony with which he stood charged ,
and was adjudged by the court not guilty thereof : To each of which pleas , the
attorney for the commonwealth demurred generally and the prisoner filed a ...
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A Collection of Cases Decided by the General Court of Virginia, Chiefly ... Virginia Court Sin vista previa disponible - 2019 |
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Términos y frases comunes
acquit adjourned aforesaid answer appear appointment arising arrest assembly attorney authority called cause chancery charged circuit court clerk committed commonwealth considered consisting constitution contrary convicted county court court of appeals crime criminal decided decision defendant directed discharge discriminate distinct district court dollars duty evidence examining court executive exercise existence fact felony former further give given guilty hath held indictment intended issue James John judges judgment judiciary June jurisdiction jury justice legislature manslaughter matter ment mentioned motion murder necessary Note November object offence opinion party passed peace person plaintiff plea pleaded present principles prisoner proceedings prosecution prove question reason record remanded rendered Reports returned rule Samuel Myers separate shew statute superior court supposed term thing third tion trial tried verdict Virginia vols warrant White
Pasajes populares
Página 82 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only...
Página 83 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Página 102 - That no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.
Página 82 - If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution.
Página 82 - It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
Página 83 - If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
Página 179 - That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.
Página 82 - The interpretation of the laws is the proper and peculiar province of the Courts. A Constitution is, in fact, and must be regarded by the Judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular Act proceeding from the Legislative body.
Información bibliográfica
| Título | A Collection of Cases Decided by the General Court of Virginia, Chiefly Relating to the Penal Laws of the Commonwealth, Copied from the Records of Said Court, with Explanatory Notes |
| Autores | Virginia. General Court, William Brockenbrough, Hugh Holmes |
| Editor | James Webster, 1815 |
| Procedencia del original | de la Universidad de Virginia |
| Digitalizado | 19 Dic. 2007 |
| Largo | 336 páginas |
| Exportar cita | BiBTeX EndNote RefMan |