A Treatise on Criminal Pleading and Practice

Little, Brown, 1899 - 400 pages
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Page 328 - 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 288 - ... the requirement is fairly observed if, without partiality or favoritism, a reasonable proportion of the public is suffered to attend, notwithstanding that those persons whose presence could be of no service to the accused, and who would only be drawn thither by a prurient curiosity, are excluded altogether.
Page 200 - 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 195 - 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 82 - ... 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 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 194 - 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 111 - 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 207 - 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...

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