A Treatise on Crimes and Indictable Misdemeanors, Volume 2 |
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Page 19
The facts charged were sufficiently proved against the prisoners ; but the court
were of opinion that the prosecutor having ... to the contrary , the house could not
, under these circumstances , ' be deemed his dwelling - house at the time the
fact ...
The facts charged were sufficiently proved against the prisoners ; but the court
were of opinion that the prosecutor having ... to the contrary , the house could not
, under these circumstances , ' be deemed his dwelling - house at the time the
fact ...
Page 35
( P ) So , if it be alleged , that the entry was with intent to commit one sort of felony
, and it appears upon the facts that it ... but that in fact the name Wakelin had
been inserted by mistake in the indictment instead of Davis , though Lawrence , J
.
( P ) So , if it be alleged , that the entry was with intent to commit one sort of felony
, and it appears upon the facts that it ... but that in fact the name Wakelin had
been inserted by mistake in the indictment instead of Davis , though Lawrence , J
.
Page 36
It is essential that the indictment should state the fact to have Allegation been
done in the nig been done in the night , noctanter , or nocte ejusdem diei . ( y )
And that the fact it must also express at about what hour of the night it happened ;
was ...
It is essential that the indictment should state the fact to have Allegation been
done in the nig been done in the night , noctanter , or nocte ejusdem diei . ( y )
And that the fact it must also express at about what hour of the night it happened ;
was ...
Page 49
... person in the house were conscious of the fact at the time of the robbery . But it
was suggested as the better opinion , and was said to have been the practice ,
that proof should be given of an actual fear excited by the fact when committed
out ...
... person in the house were conscious of the fact at the time of the robbery . But it
was suggested as the better opinion , and was said to have been the practice ,
that proof should be given of an actual fear excited by the fact when committed
out ...
Page 55
61 . , principals in the second degree , and accessories before the fact are
punishable in the same manner as principals in the first degree , and accessories
after the fact , ( except receivers , ) are liable to imprisonment for any term not ...
61 . , principals in the second degree , and accessories before the fact are
punishable in the same manner as principals in the first degree , and accessories
after the fact , ( except receivers , ) are liable to imprisonment for any term not ...
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Common terms and phrases
aforesaid afterwards amount answer appeared authority bank bill breaking burglary called carried cause charged committed common consideration considered contained convicted counterfeited court defendant defraud delivered directed dwelling-house East effect enacts entering evidence examination exchange fact false felony forged forgery give given ground guilty Hale hand Hawk held holden indictment intent Judges judgment jury justice knowing laid larceny Leach letter liable Lord mark matter means ment mentioned necessary oath objection observed obtained offence officer opinion owner particular party payment perjury person person or persons possession principal prisoner procure produced proof prosecution prosecutor proved punishment question receipt received relating respect rule Russ servant shew shillings stamp statute stealing stolen sufficient taken taking term thereof thing tion trial tried uttering witness writing
Popular passages
Page 143 - Act, in respect of any Act done by him, if he shall at any Time previously to his being indicted for such Offence have disclosed such Act, on Oath, in consequence of any compulsory Process of any Court of Law or 'Equity in any Action, Suit, or Proceeding which shall have been bond-fide instituted by any Party aggrieved, or if he shall have disclosed the same in any Examination or Deposition before any Commissioners of Bankruptcy,
Page 500 - ... 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...
Page 173 - Officer upon an insufficient Suggestion, nor for any Misnomer or Misdescription of the Officer returning such Process, or of any . of the Jurors, nor because any Person has served upon the Jury who has not been returned...
Page 444 - That if any person or persons shall falsely make, alter, forge, or counterfeit; or cause or procure to be falsely made, altered, forged, or counterfeited ; or willingly aid or assist in the false making, altering, forging, or counterfeiting any bond, bid, proposal, guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defrauding the United States...
Page 220 - 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 681 - 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 312 - ... fide taken or received by transfer or delivery, by some person or body corporate, for a just and valuable consideration, without any notice, or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained, extorted, embezzled, converted, or disposed of, in such case the court shall not award or order the restitution of such security...
Page 514 - That if any Person shall wilfully or maliciously commit any Damage, Injury, or Spoil to or upon any Real or Personal Property whatsoever...
Page 714 - ... both with respect to the liability of witnesses to be indicted for perjury, and otherwise, as if no such variance had appeared...
Page 142 - Offence, it shall be sufficient to allege the Thing stolen to be Evidence of the Title, or of Part of the Title, of the Person or of some one of the Persons having a present Interest, whether legal or equitable, in the Real Estate to which the same relates, and to mention such Real Estate, or some Part thereof; and it shall not be necessary to allege the Thing stolen to be of any Value.
Bibliographic information
| Title | A Treatise on Crimes and Indictable Misdemeanors, Volume 2 A Treatise on Crimes and Indictable Misdemeanors, Sir William Oldnall Russell |
| Author | William Oldnall Russell |
| Edition | 2 |
| Publisher | Butterworth, 1828 |
| Export Citation | BiBTeX EndNote RefMan |