A Digest of the Law of Evidence in Criminal Cases |
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Contents
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Other editions - View all
Common terms and phrases
accessary admissible admitted allowed amount answer appear assault authority bank bill breaking bridge burglary called carried charged child circumstances clerk coin committed common law confession considered conspiracy convicted counsel court criminal death defendant defraud deposition directed doubt dwelling-house East effect enacted entered evidence examination fact false felony fire forged give given ground guilty Hale Hawk held imprisoned indictment intent judges jury justice killing laid larceny Leach liable Lord manner marriage matter means murder nature necessary objected observed obtained offence officer opinion owner parish particular party person possession present principal prisoner produced Proof prosecution prosecutor proved punishment question received regard repair respect rule Russ Russell says seems servant statute stealing sufficient taken taking term thereof tion trial uttering witness writing
Popular passages
Page 605 - ... the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information ; and shall not be required or directed, by the court or judge before whom such indictment or information...
Page 25 - 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 : a situation so solemn and so awful is considered by 1 1 Leach CC 502.
Page 402 - E respectively, every such offender shall be guilty of a misdemeanor; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the Court shall award...
Page 412 - Larceny ; and if upon the Trial of any Person indicted for Larceny it shall be proved that he took the Property in question in any such Manner as to amount in Law to Embezzlement, he shall not by reason thereof be entitled to be acquitted, but the Jury shall be at liberty to return as their Verdict that such Person is not guilty of Larceny, but is guilty of Embezzlement...
Page 387 - And be enacted, that if any clerk or servant, or any person employed for the purpose or in the capacity of a clerk or servant...
Page 26 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2).
Page 19 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him ; for the law presumeth the fact to have been founded in malice, until the contrary appeareth.
Page 721 - And, by sect. 12, it is enacted that if any person unlawfully and maliciously shall shoot at any person, or shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall unlawfully and maliciously stab, cut.
Page 72 - In prosecutions for conspiracies, it is an established rule that, where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party, in pursuance of...
Page 617 - ... at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six...
Bibliographic information
| Title | A Digest of the Law of Evidence in Criminal Cases |
| Author | Henry Roscoe |
| Editors | Thomas Colpitts Granger, George Sharswood |
| Edition | 2 |
| Publisher | T.& J.W. Johnson, 1840 |
| Length | 854 pages |
| Export Citation | BiBTeX EndNote RefMan |