Principles of the Criminal Law |
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Page 5
... fact that the motive of the defendant was positively pious and laud- able has not prevented a conviction ( 2 ) . prohibita . This forces upon our notice a division of crimes into Mala in se mala in se and mala quia prohibita ; a ...
... fact that the motive of the defendant was positively pious and laud- able has not prevented a conviction ( 2 ) . prohibita . This forces upon our notice a division of crimes into Mala in se mala in se and mala quia prohibita ; a ...
Page 14
... fact , the malice is only traced one stage further back . An extreme case of this negative malice is where there is merely the absence of a thought which ought to have been there , as in the non - repair of roads . through forgetfulness ...
... fact , the malice is only traced one stage further back . An extreme case of this negative malice is where there is merely the absence of a thought which ought to have been there , as in the non - repair of roads . through forgetfulness ...
Page 23
... facts with respect to which the delusion exists real ; that he is , in fact , bound to be reasonable in his unreason , sane in his insanity . " -- Maudsley , 97 . ( m ) For strictures on these principles of " exquisite inhumanity ...
... facts with respect to which the delusion exists real ; that he is , in fact , bound to be reasonable in his unreason , sane in his insanity . " -- Maudsley , 97 . ( m ) For strictures on these principles of " exquisite inhumanity ...
Page 24
... fact . There seems to be no sound reason for withdrawing any part of the question of insanity from the jury - a thing which is done when the artificial test of responsibility is propounded to them ( q ) . When , on the part of the ...
... fact . There seems to be no sound reason for withdrawing any part of the question of insanity from the jury - a thing which is done when the artificial test of responsibility is propounded to them ( q ) . When , on the part of the ...
Page 28
... fact . 2a . Accident , & c . , as an excuse for crime . Ignorance or mistake of fact will or will not excuse , according as the original intention was or was not lawful . For example , if a man , intending to kill a burglar in his house ...
... fact . 2a . Accident , & c . , as an excuse for crime . Ignorance or mistake of fact will or will not excuse , according as the original intention was or was not lawful . For example , if a man , intending to kill a burglar in his house ...
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Common terms and phrases
25 Vict 39 Vict 43 Vict accessory accused arrest assault assizes bail bill breach burglary Central Criminal Court charge civil coin committed common law counsel counterfeit court crime criminal law custody death defendant embezzlement evidence example extent of fourteen extent of seven fact false pretences forgery grand jury grievous bodily harm guilty homicide Ibid imprisonment not exceeding indictable offence indictment injury judge jurisdiction justice killing larceny liable libel Life-5 yrs Lord magistrate malice manslaughter matter ment Misd misdemeanor Misprision of treason murder noticed oath obtained offence officer party peace penal servitude penalty perjury person possession prisoner proceedings prosecution proved punishable by imprisonment punishable by penal Queen's Bench Division recognizance sessions shew simple larceny statute steal stolen summary conviction taking term tion treason trial unlawful unlawfully verdict warrant wilfully witness
Popular passages
Page 22 - ... 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 he was doing what was wrong.
Page 108 - Our sovereign Lord the King chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act made in the first year of King George, for preventing tumults and riotous assemblies. God save the King.
Page 22 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Page 127 - The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.
Page 90 - ... to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting...
Page 203 - Order, or other Security whatsoever, entitling or evidencing the Title of any Person or Body Corporate to any Share or Interest in any Public Stock or Fund, whether of this Kingdom, or of Great Britain or of Ireland, or of any Foreign State, or in any Fund of any Body Corporate, Company, or Society, or to any Deposit in any Savings...
Page 410 - 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 410 - A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subject-matter of the cause, without such writing being shown to him ; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...
Page 440 - Comparison of a disputed Writing with any Writing proved to the Satisfaction of the Court to be genuine shall be permitted to be made by Witnesses ; and such Writings, and the Evidence of Witnesses respecting the same, may be submitted to the Court and Jury as Evidence of the Genuineness, or otherwise, of the Writing in dispute.