The Rules of Evidence on Pleas of the Crown: Illustrated from Printed and Manuscript Trials and Cases, Volume 2 |
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The Rules of Evidence on Pleas of the Crown: Illustrated from ..., Volume 1 Leonard MacNally No preview available - 2013 |
Common terms and phrases
abetting acceffary admitted affidavit affifting alfo alſo anſwer becauſe benefit of clergy cafe caſe caufe cauſe charged circumftances cited common law compariſon of hands conclufive confequence confpiracy confpirators convicted counſel criminal death defendant defign dence diſcharged ecclefiaftical court edit evidence againſt fact faid falfe fame fays fecond feff feffions felony fentence fhall fhew fhould firft firſt fociety Foft Fofter fome fpecial ftat ftated ftatute fuch fufficient fuit fuppofed given in evidence guilty Hale P. C. hand-writing Hawk himſelf houſe Hule iffue indictment Inft inftrument jactitation judges juftice jurifdiction jury Kelyng killed KING Kule laid Leach Leach's Cr letter libel lord Lord MANSFIELD malice marriage murder muſt neceffary offence Old-Bailey overt-act P. C. ca papers party perfon perjury poffeffion prefent prefumption prifoner profecution profecutor proof proved purpoſe queftion Raym rule ſtated ſuch thefe theſe thofe thoſe treafon trial uſed verdict Vide witneffes witneſs writing
Popular passages
Page 483 - ... shall be pleaded or given in evidence in any Court, or admitted in any Court to be good, useful or available in law or equity...
Page 454 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Page 436 - Ireland, or out of one county into another, within the said realm of Ireland, or into places where they are not known, and there become to be married, having another husband or wife living, to the great dishonour of God and utter undoing of honest men's children and others...
Page 541 - Though the indictment be against the prisoner for aiding, assisting, and abetting A, who was acquitted, yet the indictment and trial of this prisoner is well enough, for who actually did the murder...
Page 461 - ... marriage. So that admitting the sentence in its full extent and import, it only proves, that it did not yet appear that they were married, and not that they were not married at all...
Page 635 - ... no way privy to, or at least to make a man's own act appear to have been done at a time when it was not done, and, by force of such a falsity, to give it an operation which, in truth and justice, it ought not to have.
Page 553 - I mean if it be malum in se," the case will amount to felony, either murder or manslaughter, as circumstances may vary the nature of it. If it be done in prosecution of a felonious intention it will be murder, but if the intent went no farther than to commit a bare trespass, manslaughter: though, I confess, Lord Coke seemeth to think otherwise.
Page 570 - But if the process be defective in the frame of it, as if there be a mistake in the name or addition of the person on whom it is to be executed, or if the name of such person, or...
Page 548 - Foster expresses it, an action flowing from a wicked and corrupt motive, a thing done malo animo, where the fact has been attended with such circumstances as carry in them the plain indications of a heart regardless of social duty and fatally bent upon mischief. And therefore malice is implied from any deliberate, cruel act against another, however sudden...
Page 464 - And therefore if it shall come out in evidence upon the trial of the accessary, u it sometimes hath, and frequently may, that the offence of which the principal was convicted, did not amount to felony in him, or not to that species of felony with which he was charged, the accessary may avail himself of this, and ought to be acquitted.