Roscoe's Digest of the Law of Evidence in Criminal Cases, Volumen2

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T. & J. W. Johnson & Company, 1888
 

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Página 1238 - ... to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a, defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or, if he did know it. that he did not know he was doing what was wrong.
Página 1238 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable...
Página 1049 - ... with the proper averment to falsify the matter wherein the perjury is assigned, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding...
Página 897 - ... 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 807 - India warrants ; warehouse keepers' certificates ; warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of §§ « » °. goods, or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented...
Página 1252 - Names, nor for omitting to state the Time at which the Offence was committed, in any Case where Time is not of the Essence of the Offence, nor for stating the Time imperfectly, nor for stating the Offence to have been committed on a Day subsequent to the finding of the Indictment or...
Página 1238 - What are the proper questions to be submitted to the jury, where a person alleged to be afflicted with insane delusion respecting one or more particular subjects or persons, is charged with the commission of a crime (murder, for example), and insanity is set up as a defence?" And, thirdly, "In what terms ought the question to be left to the jury as to the prisoner's state of mind at the time when the act was committed?
Página 1238 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction...
Página 644 - The offence of personation, or of aiding, abetting, counselling, or procuring the commission of the offence of personation by any person, shall be a felony, and any person convicted thereof shall be punished by imprisonment for a term not exceeding two years together with hard labour.
Página 924 - ... upon either. In these cases he is not obliged to retreat, but may pursue his adversary until he has secured himself from all danger; and if he kill him in so doing, it is called justifiable self-defense.

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