A Treatise on the Criminal Law of the Navy: With an Introductory Chapter on the Early State and Discipline of the Navy, and an Appendix, Comprising the Naval Discipline Act, the Queen's Regulations on Courts-martial and Discipline, and Practical Forms |
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
A Treatise on the Criminal Law of the Navy: With an Introductory Chapter on ... Theodore Thring No preview available - 2015 |
A Treatise on the Criminal Law of the Navy: With an Introductory Chapter on ... Great Britain,Theodore Thring No preview available - 2016 |
A Treatise on the Criminal Law of the Navy: With an Introductory Chapter on ... Theodore Thring No preview available - 2018 |
Common terms and phrases
absent according action Admiral Admiralty allowed appear applicable arrest attend authority awarded belonging called captain cause character charge circumstances command commander-in-chief commanding officer commission committed common conduct confinement court court-martial crime criminal death deemed defence directed duty enemy England evidence examined exceeding execution fact felony fleet force give given guilty H. M.'s ship Heading held hereinafter mentioned High imprisonment inflicted intent judge-advocate jurisdiction justice labour less liable Lieutenant Lord Majesty's ships marines martial ment mutiny nature Naval Discipline Act navy necessary object observed offence officer opinion ordinary particular party passed penal servitude Penalty period person subject petty present president prisoner proceedings proof proved punishment Queen's question rank reasonable received regulations respect rule seaman senior sentence statute suffer superior term thereof tion trial tried unless vessel Vict warrant witness
Popular passages
Page 159 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring 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 that he was doing what was wrong.
Page 160 - Lordships' inquiries are confined to those persons who labour under such partial delusions only, and are not in other respects insane, we are of opinion that, notwithstanding the party accused did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some public benefit...
Page 224 - Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony ; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 204 - The general principle on which this species of evidence is admitted, is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone ; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth...
Page 223 - A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the judge prove adverse, contradict him by other evidence, or, by leave of the judge, prove that he has made at other times a statement inconsistent with his present testimony...
Page 160 - On the assumption that he labors under partial delusion only, and is not in other respects insane, he must be considered in the same situation, as to responsibility, as if the facts with respect to which the delusion exists were real.
Page 160 - Can a medical man, conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime, or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Page 159 - ... 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; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of...
Page 211 - From and after the coming of this act into operation, whenever on the trial of any indictment for any felony or misdemeanor there shall appear to be any variance between the statement in such indictment and the evidence offered in proof thereof...
Page 212 - ... consider such variance not material to the merits of the case, and that the defendant cannot be prejudiced thereby in his defense on such merits, to order such indictment to be amended according to the proof...
Bibliographic information
| Title | A Treatise on the Criminal Law of the Navy: With an Introductory Chapter on the Early State and Discipline of the Navy, and an Appendix, Comprising the Naval Discipline Act, the Queen's Regulations on Courts-martial and Discipline, and Practical Forms |
| Author | Theodore Thring |
| Publisher | V. & R. Stevens and Sons, 1861 |
| Length | 396 pages |
| Export Citation | BiBTeX EndNote RefMan |