A Practical Treatise on the Criminal Law: Comprising the Practice, Pleadings and Evidence which Occur in the Course of Criminal Prosecutions, Whether by Indictment Or Information: with a Copious Collection of Precedents of Indictments, Informations, Presentments, and Every Description of Practical Forms, with Comprehensive Notes Upon Each Offence, the Process, Indictment, Plea, Defence, Evidence, Trial, Verdict, Judgment, and Punishment, Volume 1Samuel Brooke, 1826 - Criminal law |
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Page vii
... granted ; the practical mode of obtaining it ; the writ itself , its form , and requisites ; the return which may be made to it ; the proceedings upon it , and the bailing of the prisoner when brought up before the superior tribunal . 2 ...
... granted ; the practical mode of obtaining it ; the writ itself , its form , and requisites ; the return which may be made to it ; the proceedings upon it , and the bailing of the prisoner when brought up before the superior tribunal . 2 ...
Page 6
... granting an in formation has been refused , the party applying is at liberty to pro ceed by indictment , or at ... granted by the justices ( g ) . And so beneficially is this provision construed in favor of the prosecutor , that he ...
... granting an in formation has been refused , the party applying is at liberty to pro ceed by indictment , or at ... granted by the justices ( g ) . And so beneficially is this provision construed in favor of the prosecutor , that he ...
Page 9
... granted , if the accusation was supported by any probable evidence ( b ) . And fur- ther to shelter the party indicting , his own oath , in support of the charge , may , in some cases , be given in evidence in his favor ( c ) . On the ...
... granted , if the accusation was supported by any probable evidence ( b ) . And fur- ther to shelter the party indicting , his own oath , in support of the charge , may , in some cases , be given in evidence in his favor ( c ) . On the ...
Page 12
... granted on mere suspicion , except it arose originally in the breast of the magistrate ( ƒ ) . But it is now settled , that justices of the peace may issue criminal process on the information of others , as they are supposed competent ...
... granted on mere suspicion , except it arose originally in the breast of the magistrate ( ƒ ) . But it is now settled , that justices of the peace may issue criminal process on the information of others , as they are supposed competent ...
Page 29
... granted ; by following [ 29 ] him with hue and cry , and so , without backing the warrant , cause him at once to be arrested ( g ) . done on hue and Hue and cry being thus levied , we are now to inquire what may What may be be done on ...
... granted ; by following [ 29 ] him with hue and cry , and so , without backing the warrant , cause him at once to be arrested ( g ) . done on hue and Hue and cry being thus levied , we are now to inquire what may What may be be done on ...
Common terms and phrases
8th edit accessary acquitted affidavit appear arrest assizes attainder bail benefit of clergy Burn Burr Campb certiorari charge clergy clerk committed common law constable conviction court of King's Cowp crime criminal custody Dalt defendant Dick dictment discharge East P. C. Eliz evidence execution felony Forfeiture Fost gaol delivery grand jury granted guilty habeas corpus Hale Hand's Prac Harg Hawk holden ibid imprisonment indictment Inst issue judge judgment jurors justice King's Bench last vol latter Leach magistrate ment misdemeanor mode murder nisi prius oath offence officer outlawry oyer and terminer pardon party peace perjury person plea plead prisoner proceedings prosecution prosecutor punishment quarter sessions Raym recognizance rule Russ Salk Saund sentence Sess sessions sheriff statute Stra sufficient sworn Tidd tion treason trial verdict warrant Williams witness writ
Popular passages
Page 73 - Facts were committed, and the Defendant may plead the General Issue, and give the Special Matter in Evidence...
Page 523 - ... truly try the issue joined between Our Sovereign Lord the King and the prisoner at the bar, and would a true verdict give according to the evidence, so help him God!
Page 480 - You shall well and truly try, and true deliverance make, between our Sovereign Lord the King and the prisoner at the bar, whom you shall have in charge, and a true verdict give, according to the evidence. So help you God.
Page 231 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 768 - Souls, in this same term ; and for our said lord the king gives the court here to understand and be informed that Sir F.
Page 127 - ... offence is properly cognizable, as the case shall require, and then shall certify the said writ with the return thereof and the said recognizance or recognizances into the said court where such appearance is to be made...
Page 610 - that, from the conviction, the defendant shall be out of the king's protection, and his lands and tenements, goods and chattels, forfeited to the king: and that his body shall remain in prison at the king's pleasure ; or (as other authorities have it) during life...
Page 540 - well and truly to keep the jury, and neither to speak to them themselves, nor suffer any other person to speak to them touching any matter relative to this trial (z).
Page 324 - ... lawful for such judge to issue his warrant under his hand and seal, and thereby to cause such person to be apprehended and brought before him, or some other judge of the same court, or before some one of...
Page 105 - ... unless it be by habeas corpus or some other legal writ, or where the prisoner is delivered to the constable or other inferior officer to...