A Treatise on Crimes and Indictable Misdemeanors, Volume 2 |
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Page 35
ac . whenever a statute makes any offence felony , it incidentally gives it all the
properties of a felony at common law . ( 0 ) It is necessary to ascertain with
exactness the felony really in - The felony tended , as it must be laid in the
indictment ...
ac . whenever a statute makes any offence felony , it incidentally gives it all the
properties of a felony at common law . ( 0 ) It is necessary to ascertain with
exactness the felony really in - The felony tended , as it must be laid in the
indictment ...
Page 42
... on failing to mitted ; it was proposed to give evidence of a larceny by the
priprove that soners , of some of the articles mentioned in the indictment , though
committed before three o ' clock on the day on which they were committed on the
were ...
... on failing to mitted ; it was proposed to give evidence of a larceny by the
priprove that soners , of some of the articles mentioned in the indictment , though
committed before three o ' clock on the day on which they were committed on the
were ...
Page 51
... the recent statute enacts that if any person shall steal in any dwellinghouse any
chattel , & c . ; but possibly it will be construed upon the same principle , and be
considered as intended to give greater security only to property deposited in a ...
... the recent statute enacts that if any person shall steal in any dwellinghouse any
chattel , & c . ; but possibly it will be construed upon the same principle , and be
considered as intended to give greater security only to property deposited in a ...
Page 74
One of the mob said that if he would not sell they were going to take it away ; and
the prisoner said that they would give thirty shillings a load , and if he would not
take that , they would take the corn away ; upon which the prosecutor sold corn ...
One of the mob said that if he would not sell they were going to take it away ; and
the prisoner said that they would give thirty shillings a load , and if he would not
take that , they would take the corn away ; upon which the prosecutor sold corn ...
Page 195
... c . every such case any person to whom the same shall be offered “ for sale , or
any officer of the customs or excise , or peace officer , “ may lawfully seize the
same , and shall with all convenient speed “ carry the same , or give notice of
such ...
... c . every such case any person to whom the same shall be offered “ for sale , or
any officer of the customs or excise , or peace officer , “ may lawfully seize the
same , and shall with all convenient speed “ carry the same , or give notice of
such ...
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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.