A Treatise on Crimes and Indictable Misdemeanors, Volume 2Joseph Butterworth and son, 1828 - Criminal law |
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Page 33
... ground that he did not intend the commission of that particular offence . ( h ) But it seems that this must be confined to cases where the offence intended is in itself a felony . ( i ) The prisoner was indicted for burglary , in ...
... ground that he did not intend the commission of that particular offence . ( h ) But it seems that this must be confined to cases where the offence intended is in itself a felony . ( i ) The prisoner was indicted for burglary , in ...
Page 34
... ground , namely , that the intention was not to commit a felony . The prisoners were indicted for a burglary in the dwelling - house of Mary Snelling , the intent being laid to steal the goods of one Leonard Hawkins . It appeared that ...
... ground , namely , that the intention was not to commit a felony . The prisoners were indicted for a burglary in the dwelling - house of Mary Snelling , the intent being laid to steal the goods of one Leonard Hawkins . It appeared that ...
Page 38
... ground that when the offence is so charged the larceny constitutes part of the burglary . ( p ) It has therefore been recommended , by high authority , as the better way , to charge the prisoner with breaking , & c . with intent ...
... ground that when the offence is so charged the larceny constitutes part of the burglary . ( p ) It has therefore been recommended , by high authority , as the better way , to charge the prisoner with breaking , & c . with intent ...
Page 63
... ground , this is no taking ; for the thief never had the purse in his possession . ( k ) And , upon the same principle , in a case where it appeared that the prisoner stopped the prosecutor as he was carrying a feather - bed on his ...
... ground , this is no taking ; for the thief never had the purse in his possession . ( k ) And , upon the same principle , in a case where it appeared that the prisoner stopped the prosecutor as he was carrying a feather - bed on his ...
Page 66
... ground , and that , upon his offering to take it up , the thieves threatened to knock his brains out , upon which he desisted from taking up the money , and the thieves " then and there immedi- ately " took it up ; a great majority of ...
... ground , and that , upon his offering to take it up , the thieves threatened to knock his brains out , upon which he desisted from taking up the money , and the thieves " then and there immedi- ately " took it up ; a great majority of ...
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.