A Treatise on Criminal Pleading and PracticeLittle, Brown, 1899 - 400 pages |
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Autres éditions - Tout afficher
Expressions et termes fréquents
11 Cush accused acquittal admissible aforesaid arrest assault with intent aver challenge charge committed common law Conn constitutional conviction corpus delicti counsel count court Cox C. C. crime criminal Cush defendant defendant's defraud described dictment discretion disqualified embezzlement error evidence facts false pretences fatal felony fendant former grand jury Gray held indictment jeopardy judge jurisdiction juror killing larceny malice malice aforethought Mass ment Minn misdemeanor murder necessary to allege nolle prosequi oath offence party peremptory challenges person Pick plea pleading prisoner proof prosecuting attorney proved punishment quash reversible error rule sealed verdict semble sentence Smith Stat statement statute statutory sufficient testify testimony tion trial tried unless variance verdict of guilty waived Wash Wend witness words
Fréquemment cités
Page 314 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 194 - And so the jurors aforesaid, upon their oath aforesaid, do say that the said JLC, the said RC, then and there, in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder ; against the peace of said Commonwealth, and the form of the statute in such case made and provided.
Page 189 - In contempt of our said Lord the King and his laws, to the evil and pernicious example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Page 80 - ... more offenders escape by the over-easy ear given to exceptions in indictments, than by their own innocence...
Page 41 - You, as grand jurors of this inquest for the body of this county of , do solemnly swear that you will diligently inquire, and true presentment make, of all such matters and things as shall be given you in charge; the commonwealth's counsel, your fellows' and your own, you shall keep secret...
Page 385 - STIMSON'S LAW GLOSSARY. Glossary of Technical Terms, Phrases, and Maxims of the Common Law. By FREDERICK JESUP STIMSON. 12mo. Cloth, $2.50 net; law sheep, $3.00 net. This book is a concise Law Dictionary, giving in common English an explanation of the words and phrases, English as well as Saxon, Latin, or French, which are of common technical use in the law. The popular and usual acceptation of each phrase is given in much the same general shape as it stands in the mind of the trained lawyer.
Page 44 - ... determined ; and the Grand Jury are only to inquire upon their oaths whether there be sufficient cause to call upon the party to answer it. A Grand Jury, however, ought to be thoroughly persuaded of the truth of an indictment, so far as their evidence goes, and not to rest satisfied with remote probabilities, a doctrine that might be applied to very oppressive purposes.
Page 188 - JS should give to the court there, and to the said jury so sworn as aforesaid, touching the matter then in question between the said parties, should be the truth, the whole truth, and nothing but the truth...
Page 107 - And if, where the sense may be ambiguous, it is sufficiently marked by the context, or other means, in what sense they are intended to be used, no objection can be made on the ground of repugnancy...
Page 201 - And if a person be indicted for one species of killing, as by poisoning, he cannot be convicted by evidence of a totally different species of death, as by shooting with a pistol, or starving. But where they only differ in...