A Treatise on Crimes and Misdemeanors, Volume 1Wells and Lilly, 1824 - Criminal law |
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Page xix
... Judgment and Execution in Cases of Murder 688 26. c . 6. Neglecting Quarantine 150 , 156 c . 19. Beating , & c . Persons Ship- wrecked c . 19. Assaulting Persons saving Vessels , & c . 835 891 c . 19. Plundering Ships in Distress ...
... Judgment and Execution in Cases of Murder 688 26. c . 6. Neglecting Quarantine 150 , 156 c . 19. Beating , & c . Persons Ship- wrecked c . 19. Assaulting Persons saving Vessels , & c . 835 891 c . 19. Plundering Ships in Distress ...
Page 45
... judgment ( 1 ) . But within the age of seven years an infant cannot be punished for any capital offence ; whatever circum- stances of a mischievous discretion may appear ; for ex pre- sumptione juris such an infant cannot have ...
... judgment ( 1 ) . But within the age of seven years an infant cannot be punished for any capital offence ; whatever circum- stances of a mischievous discretion may appear ; for ex pre- sumptione juris such an infant cannot have ...
Page 49
... judgment ; or of a case where the jury find the pri- 10 ] soner within the age of seven years , or not of sufficient dis- cretion to judge between good and evil ( c ) . II . It has been considered , that there are four kinds of per ...
... judgment ; or of a case where the jury find the pri- 10 ] soner within the age of seven years , or not of sufficient dis- cretion to judge between good and evil ( c ) . II . It has been considered , that there are four kinds of per ...
Page 52
... judgment of the law , and that it was sufficient if the party had such possession of reason as enabled him to comprehend the nature of his actions , and discriminate between moral good and evil . And he was found guilty and executed ( p ) ...
... judgment of the law , and that it was sufficient if the party had such possession of reason as enabled him to comprehend the nature of his actions , and discriminate between moral good and evil . And he was found guilty and executed ( p ) ...
Page 56
... bar . r Hadfield's case , of the jury was " Not Guilty , it appearing to us that he was under the inflnce of insani- ty , when the act was committed . " the fact of the offence proved , the judgment of 18 [ BOOK I. of Persons capable of.
... bar . r Hadfield's case , of the jury was " Not Guilty , it appearing to us that he was under the inflnce of insani- ty , when the act was committed . " the fact of the offence proved , the judgment of 18 [ BOOK I. of Persons capable of.
Common terms and phrases
accessory adjudged affray aforesaid appears arrest barratry benefit of clergy Blac Burr Campb certiorari champerty charged coin committed common law consent constable convicted counterfeit court of King's crime criminal custody death defendant detainer dictment East enacts escape evidence execution fact felony force forcible entry Fost guilty Hale Hawk held highway holden Ibid imprisonment indictable offence Inhabitants Inst intent judges judgment jury justice justice of peace killing King's Bench land Leach liable libel Lord Ellenborough Lord Raym malice manner manslaughter marriage ment misdemeanor murder nuisance Old Bailey opinion parish parliament party peace penalty person or persons piracy possession principal prisoner proceedings procure prosecution prosecutor proved punishment quarantine reason repair restitution riot Salk seems sequ shew statute sufficient thereof tion trial tried unlawful usury uttering vessel warrant words
Popular passages
Page 86 - So that, upon the whole, the only adequate definition of felony seems to be that which is' before laid down, viz., an offence which occasions a total forfeiture of either lands or goods, or both, at the common law, and to which capital or other punishment may be superadded, according to the degree of guilt.
Page 89 - Also it seems to be a good general ground, that wherever a statute prohibits a matter of public grievance to the liberties and security of a subject, or commands a matter of public convenience, as the repairing of the common streets of a town, an offender against such statute is punishable not only at the suit of the party aggrieved, but also by way of indictment for his contempt of the statute, unless such method of proceeding' do manifestly appear to be excluded by it.
Page 71 - State, and each and every of them who shall at any time hereafter be found in any part of this State, shall be and are hereby adjudged and declared guilty of felony, and shall suffer death as in cases of felony without benefit of clergy.