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 12
likewise the prisoner at the bar . We find that between “ sunset and dark , that the
said Abraham Vanhorn with " several others passing through the field of John
Crape , “ the prisoner at the bar , to confirm a bet which was to “ ensue the next ...
likewise the prisoner at the bar . We find that between “ sunset and dark , that the
said Abraham Vanhorn with " several others passing through the field of John
Crape , “ the prisoner at the bar , to confirm a bet which was to “ ensue the next ...
Página 13
prisoner at the bar , and the said Abraham Vanhorn , “ were much irritated ; at
which the said Abraham Van“ horn , and Isaac Merchant , one of Campbell ' s
reapers , “ had their shirts stripped off , which the prisoner at the " bar had not :
the ...
prisoner at the bar , and the said Abraham Vanhorn , “ were much irritated ; at
which the said Abraham Van“ horn , and Isaac Merchant , one of Campbell ' s
reapers , “ had their shirts stripped off , which the prisoner at the " bar had not :
the ...
Página 249
ter on account of the same homicide ; and that if such court does make such a
discrimination the prisoner is not thereby discharged from any part of the
felonious homicide with which he stood charged , but may be indicted for murder
before ...
ter on account of the same homicide ; and that if such court does make such a
discrimination the prisoner is not thereby discharged from any part of the
felonious homicide with which he stood charged , but may be indicted for murder
before ...
Página 279
for John M ' Caul , a prisoner against whom two bills of “ indictment for larceny
had been found at the same term “ by the grand jury , before the said prisoner
was arraign“ ed , moved the said court to quash the said indictments “ on the
ground ...
for John M ' Caul , a prisoner against whom two bills of “ indictment for larceny
had been found at the same term “ by the grand jury , before the said prisoner
was arraign“ ed , moved the said court to quash the said indictments “ on the
ground ...
Página 282
And on this twelfth day of the court , after the said prisoner had been convicted by
the jury , on the motion of the said prisoner , the court doth adjourn this question
of law to the general court , for novelty and difficulty . 1st . Ought the order of an ...
And on this twelfth day of the court , after the said prisoner had been convicted by
the jury , on the motion of the said prisoner , the court doth adjourn this question
of law to the general court , for novelty and difficulty . 1st . Ought the order of an ...
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A Collection of Cases Decided by the General Court of Virginia, Chiefly ... Virginia Court Sin vista previa disponible - 2019 |
A Collection of Cases Decided by the General Court of Virginia, Chiefly ... Virginia General Court Sin vista previa disponible - 2016 |
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.