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" Provided always, that if upon the Trial of any Person indicted for such Misdemeanor it shall be proved that he obtained the Property in question in any such Manner as to amount in Law to Larceny, he shall not by reason thereof be entitled to be acquitted... "
The Magistrates' Manual: Being a Compilation of the Law Relating to the ... - Page 167
by John McNab (Barrister-at-law.) - 1865 - 658 pages
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 131

North Carolina. Supreme Court - Law reports, digests, etc - 1902 - 978 pages
...indicted for such misdemeanor it shall be proved that he obtained the property in such manner as to amount to larceny, he shall not by reason thereof be entitled to be acquitted of the misdemeanor, and no person tried for such misdemeanor shall be liable to be afterwards prosecuted...
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Reports of Cases in Criminal Law Argued and Determined in All the ..., Volume 19

Edward William Cox - Criminal law - 1902 - 890 pages
...obtaining goods by false pretences it is proved that he obtained the goods in any such manner as to amount to larceny, he shall not by reason thereof be entitled to be acquitted ; in other words, if the facts show that the defendant committed larceny he may still be convicted....
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The Maryland Code, Public General Laws, Codified, Volume 1

Maryland - Law - 1904 - 1280 pages
...award ; provided always, that if upon the trial of any person indicted for such misdemeanor it shall be proved that he obtained the property in question...in any such manner as to amount in law to larceny or robbery, he shall not by reason thereof be entitled to be acquitted of such misdemeanor ; and no...
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Constitution and Revised Laws of Louisiana: Containing the Constitution of ...

Louisiana - Constitutions - 1904 - 1088 pages
...as if he had been convicted upon an indictment for such larceny ; if it shall be proved that he took the property in question in any such manner as to amount in law to embezzlement, he shall not, by reason thereof, be entitled to be acquitted, but the jury shall be at...
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Fraud in Accounts

Accountant - Accounting - 1904 - 116 pages
...larceny ; and if upon the trial of any person indicted for larceny it shall be proved that he took the property in question in any such manner as to amount in law to embezzlement, or fraudulent application or disposition as aforesaid, he shall not by reason thereof...
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Revisal of 1905 of North Carolina: Prepared Under Chapter Three ..., Volume 1

North Carolina, Thomas Brown Womack, Needham Y. Gulley, William R. Rodman - Law - 1905 - 1412 pages
...indicted for such crime, it shall be proved that he obtained the property in such manner as to amount to larceny, he shall not, by reason thereof, be entitled to be acquitted of the felony ; and no person tried for such felony shall be liable to be afterwards prosecuted for larceny...
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Archbold's Pleading, Evidence, & Practice in Criminal Cases: With the ...

John Frederick Archbold, John Jervis - Criminal procedure - 1905 - 1582 pages
...larceny ; and, if upon the trial of any person indicted for larceny, it shall be proved that he took the property in question in any such manner as to amount in law to embezzlement, or fraudulent application or disposition as aforesaid, he shall not by reason thereof...
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A Digest of Important Cases on the Law of Crimes

John Romain Rood - Criminal law - 1906 - 648 pages
...extent, indicated by the proviso, that if it be proved that the person indicted obtained the property in such manner as to amount in law to larceny, he shall...not, by reason thereof, be entitled to be acquitted; but it is made more clear by referring to the earlier statute from which the language of § 88 is adopted....
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Hawaiian Reports: Cases Decided in the Supreme Court of the ..., Volume 17

Hawaii. Supreme Court - Law reports, digests, etc - 1906 - 724 pages
...misdemeanor it shall appear that the facts given in evidence amount in law to a felony, such person shall not by reason thereof be entitled to be acquitted of such misdemeanor, and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for felony on the same...
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bks. 3-4

William Blackstone, George Sharswood - Law - 1908 - 772 pages
...that if. upon the trial of any person indicted for such misdemeanour, it shall be proved that h«. obtained the property in question in any such manner...reason thereof be entitled to be acquitted of such misdemeanour; ano no such indictment shall be removable by certiorari ; and no person tried for such...
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