A Treatise on Crimes and Indictable Misdemeanors, Volume 2Joseph Butterworth and son, 1828 - Criminal law |
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Page 7
... felony , or being in such dwelling- " house , shall commit any felony , and shall in either case , break " out of the said dwelling - house , in the night - time , such person " shall be deemed guilty of burglary . " Having mentioned ...
... felony , or being in such dwelling- " house , shall commit any felony , and shall in either case , break " out of the said dwelling - house , in the night - time , such person " shall be deemed guilty of burglary . " Having mentioned ...
Page 33
... felony . house in the night must be done " with intent to commit some 66 felony within the same , whether such felonious intent be exe- " cuted or not . " ( d ) And where the breaking is a breaking out of the dwelling - house in the ...
... felony . house in the night must be done " with intent to commit some 66 felony within the same , whether such felonious intent be exe- " cuted or not . " ( d ) And where the breaking is a breaking out of the dwelling - house in the ...
Page 34
William Oldnall Russell. Case of Knight and Roffey . The felony be either felony at common law and took away with him the ten guineas which he had so de- posited in the private place in his bed - chamber . This was held to be no burglary ...
William Oldnall Russell. Case of Knight and Roffey . The felony be either felony at common law and took away with him the ten guineas which he had so de- posited in the private place in his bed - chamber . This was held to be no burglary ...
Page 35
... felony at common law . ( 0 ) It is necessary to ascertain with exactness the felony really in- tended , as it must be laid in the indictment , and proved , agreeably to the fact . And a felony intended to be committed will not sup- port ...
... felony at common law . ( 0 ) It is necessary to ascertain with exactness the felony really in- tended , as it must be laid in the indictment , and proved , agreeably to the fact . And a felony intended to be committed will not sup- port ...
Page 38
... felony in the dwelling - house , or that he broke and entered the house with intent to commit a felony therein . ( 0 ) And it seems to be the better course first to lay the intent , and then state the particular felony , if a felony has ...
... felony in the dwelling - house , or that he broke and entered the house with intent to commit a felony therein . ( 0 ) And it seems to be the better course first to lay the intent , and then state the particular felony , if a felony has ...
Common terms and phrases
acquitted aforesaid afterwards appeared averment bank note Bank of England Bayley benefit of clergy bill of exchange breaking and entering burglary Campb cause or procure certificate committed common law conspiracy convicted thereof court defendant delivered dence dictment dwelling-house East embezzled enacts evidence fact false forged or counterfeited forgery fraud fraudulently guilty of felony Hale Hawk holden Ibid imprisonment indorsement instrument intent to defraud Judges held judgment jury justice knowingly laid larceny Leach learned Judge letter liable Lord Ellenborough matter ment misdemeanor oath objection obtained offence officer opinion owner paper party perjury person or persons person so offending Phil possession prisoner prisoner's promissory note proof prosecution prosecutor proved punishment purporting purpose question receipt received repealed robbery Russ servant shew shillings soner stamp Stark statute stolen sufficient taken taking tion trial twelve Judges uttering voire dire wilfully witness words
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.