A Digest of the Law of Evidence in Criminal CasesT.& J.W. Johnson, 1840 - 854 páginas |
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Página 15
... Hale has laid down two rules with regard to the acting upon such evidence in criminal cases . " I would never , " he says , " convict any person of stealing the goods of a certain person unknown , merely because he would not give an ...
... Hale has laid down two rules with regard to the acting upon such evidence in criminal cases . " I would never , " he says , " convict any person of stealing the goods of a certain person unknown , merely because he would not give an ...
Página 21
... Hale , P. C. 455 ; 1 East , P. C. 340. Where a man was convicted of setting fire to a mill , with intent to injure the occupiers thereof , a doubt occurred whether , under the words of 43 Geo . 3 , c . 58 , an intent to injure or de ...
... Hale , P. C. 455 ; 1 East , P. C. 340. Where a man was convicted of setting fire to a mill , with intent to injure the occupiers thereof , a doubt occurred whether , under the words of 43 Geo . 3 , c . 58 , an intent to injure or de ...
Página 58
... Hale , that in proving exami- nations of prisoners , and informations of witnesses taken before justices of the peace , oath is to be made in court by the justice or his clerk , that the examinations or informations were truly taken . 2 ...
... Hale , that in proving exami- nations of prisoners , and informations of witnesses taken before justices of the peace , oath is to be made in court by the justice or his clerk , that the examinations or informations were truly taken . 2 ...
Página 59
... Hale , that in proving exami- nations of prisoners , and informations of witnesses taken before justices of the peace , oath is to be made in court by the justice or his clerk , that the examinations or informations were truly taken . 2 ...
... Hale , that in proving exami- nations of prisoners , and informations of witnesses taken before justices of the peace , oath is to be made in court by the justice or his clerk , that the examinations or informations were truly taken . 2 ...
Página 64
... Hale , 306 . Before the depositions can be read they must be proved , which is usu- ally done , either by calling the magistrate before whom they were taken , or his clerk who wrote them ; 2 Hale , 52 , 284 , but see ante , p . 60 ; and ...
... Hale , 306 . Before the depositions can be read they must be proved , which is usu- ally done , either by calling the magistrate before whom they were taken , or his clerk who wrote them ; 2 Hale , 52 , 284 , but see ante , p . 60 ; and ...
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Términos y frases comunes
9 Geo accessary act of parliament admissible appear assault bank Bank of England bigamy bill of exchange burglary Campb charged clerk coin committed common law confession conspiracy constable convicted thereof counterfeit court criminal custody death deceased declarations defendant defraud deposition dwelling-house dying declarations East embezzlement enacted evidence examination fact forged forgery guilty of felony Hale Hawk Ibid imprisoned indictable offence instrument intent judges held jury justice killed laid larceny Leach liable libel Lord Ellenborough Lord Tenterden magistrate malice manslaughter marriage matter ment misdemeanor Moody murder oath offence officer opinion owner parish party Patteson perjury person Phill possession prisoner was indicted prisoner's promissory note Proof prosecution prosecutor proved punishment purpose question received rule Russ Russell servant Stark statute stealing stolen sufficient taken taking term not exceeding tion trial uttering Vict voire dire warrant witness xxxii xxxiv
Pasajes populares
Página 605 - ... the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information ; and shall not be required or directed, by the court or judge before whom such indictment or information...
Página 25 - The general principle on which this species of evidence is admitted, is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth : a situation so solemn and so awful is considered by 1 1 Leach CC 502.
Página 402 - E respectively, every such offender shall be guilty of a misdemeanor; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the Court shall award...
Página 412 - Larceny ; and if upon the Trial of any Person indicted for Larceny it shall be proved that he took the Property in question in any such Manner as to amount in Law to Embezzlement, he shall not by reason thereof be entitled to be acquitted, but the Jury shall be at liberty to return as their Verdict that such Person is not guilty of Larceny, but is guilty of Embezzlement...
Página 387 - And be enacted, that if any clerk or servant, or any person employed for the purpose or in the capacity of a clerk or servant...
Página 26 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2).
Página 19 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him ; for the law presumeth the fact to have been founded in malice, until the contrary appeareth.
Página 721 - And, by sect. 12, it is enacted that if any person unlawfully and maliciously shall shoot at any person, or shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall unlawfully and maliciously stab, cut.
Página 70 - In prosecutions for conspiracies, it is an established rule that, where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party, in pursuance of...
Página 617 - ... at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six...