A Treatise on Crimes and Indictable Misdemeanors, Volume 2Joseph Butterworth and son, 1828 - Criminal law |
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Page 41
... proof of the facts contained in the second in- " dictment , an acquittal on the first indictment can be no bar to " the second . Now , to apply the principle to the present case : " the first indictment was for burglariously breaking ...
... proof of the facts contained in the second in- " dictment , an acquittal on the first indictment can be no bar to " the second . Now , to apply the principle to the present case : " the first indictment was for burglariously breaking ...
Page 100
... proof of a felonious intention , upon which it is peculiarly the province of the jury to determine ; but it can hardly be contended , that such taking will amount to larceny , if it should appear to have been merely a taking of the corn ...
... proof of a felonious intention , upon which it is peculiarly the province of the jury to determine ; but it can hardly be contended , that such taking will amount to larceny , if it should appear to have been merely a taking of the corn ...
Page 130
... proof of actual conversion in this case , it was not necessary ; but the jury must judge of it from the circumstances . If the prisoner had staid out six weeks , or two months , and on his return had offered to restore the chaise to the ...
... proof of actual conversion in this case , it was not necessary ; but the jury must judge of it from the circumstances . If the prisoner had staid out six weeks , or two months , and on his return had offered to restore the chaise to the ...
Page 162
... proof must be given sufficient to raise a reasonable presumption that the taking was felonious , or invito domino ; and Lord Hale , C. J. said that he never would convict any person for stealing the goods cujusdam ignoti , merely ...
... proof must be given sufficient to raise a reasonable presumption that the taking was felonious , or invito domino ; and Lord Hale , C. J. said that he never would convict any person for stealing the goods cujusdam ignoti , merely ...
Page 177
... proof of the felony having been committed , and of the goods stolen having len property is been found shortly afterwards in the possession of the prisoner ; found in the and upon such proof the general rule will attach , that wherever ...
... proof of the felony having been committed , and of the goods stolen having len property is been found shortly afterwards in the possession of the prisoner ; found in the and upon such proof the general rule will attach , that wherever ...
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.