A Digest of the Law of Evidence in Criminal CasesT.& J.W. Johnson, 1840 - 854 sivua |
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Tulokset 1 - 5 kokonaismäärästä 100
Sivu 1
... rule , the contents of a written instrument can only be proved by the production of the instrument itself , parol evidence of them being of a secondary or inferior nature . But this rule is not without many exceptions . In general ...
... rule , the contents of a written instrument can only be proved by the production of the instrument itself , parol evidence of them being of a secondary or inferior nature . But this rule is not without many exceptions . In general ...
Sivu 8
... rule is thus stated by Heath , J. in Smith v . Taylor , 1 Bos . & Pul . N. R. 208. 66 Where a defendant , in the course of the transaction on which the action is founded , has admitted the title by virtue of which the plaintiff sues ...
... rule is thus stated by Heath , J. in Smith v . Taylor , 1 Bos . & Pul . N. R. 208. 66 Where a defendant , in the course of the transaction on which the action is founded , has admitted the title by virtue of which the plaintiff sues ...
Sivu 14
... rule in criminal cases , for it is an established maxim , that the jury are not to weigh the evidence , but in cases of doubt to acquit the prisoner . " The soundness of this distinction may , perhaps , be doubted . The rules adopted 66 ...
... rule in criminal cases , for it is an established maxim , that the jury are not to weigh the evidence , but in cases of doubt to acquit the prisoner . " The soundness of this distinction may , perhaps , be doubted . The rules adopted 66 ...
Sivu 15
... rule . Great caution is doubtless necessary in all cases of presumptive evidence , and , accordingly Lord Hale has laid down two rules with regard to the acting upon such evidence in criminal cases . " I would never , " he says ...
... rule . Great caution is doubtless necessary in all cases of presumptive evidence , and , accordingly Lord Hale has laid down two rules with regard to the acting upon such evidence in criminal cases . " I would never , " he says ...
Sivu 29
... rule for a new trial was ob- tained , pending which , the defendant shot the prosecutor , who died . On showing cause against the rule , an affidavit was tendered of the dying declarations of the prosecutor , as to the transaction , out ...
... rule for a new trial was ob- tained , pending which , the defendant shot the prosecutor , who died . On showing cause against the rule , an affidavit was tendered of the dying declarations of the prosecutor , as to the transaction , out ...
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9 Geo accessary act of parliament admissible appear assault bank Bank of England bigamy bill of exchange burglary Campb charged clerk coin committed common law confession conspiracy constable convicted thereof counterfeit court criminal custody death deceased declarations defendant defraud deposition dwelling-house dying declarations East embezzlement enacted evidence examination fact forged forgery guilty of felony Hale Hawk Ibid imprisoned indictable offence instrument intent judges held jury justice killed laid larceny Leach liable libel Lord Ellenborough Lord Tenterden magistrate malice manslaughter marriage matter ment misdemeanor Moody murder oath offence officer opinion owner parish party Patteson perjury person Phill possession prisoner was indicted prisoner's promissory note Proof prosecution prosecutor proved punishment purpose question received rule Russ Russell servant Stark statute stealing stolen sufficient taken taking term not exceeding tion trial uttering Vict voire dire warrant witness xxxii xxxiv
Suositut otteet
Sivu 605 - ... the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information ; and shall not be required or directed, by the court or judge before whom such indictment or information...
Sivu 25 - 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 : a situation so solemn and so awful is considered by 1 1 Leach CC 502.
Sivu 402 - 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...
Sivu 412 - 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, he shall not by reason thereof be entitled to be acquitted, but the Jury shall be at liberty to return as their Verdict that such Person is not guilty of Larceny, but is guilty of Embezzlement...
Sivu 387 - And be enacted, that if any clerk or servant, or any person employed for the purpose or in the capacity of a clerk or servant...
Sivu 26 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2).
Sivu 19 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him ; for the law presumeth the fact to have been founded in malice, until the contrary appeareth.
Sivu 721 - And, by sect. 12, it is enacted that if any person unlawfully and maliciously shall shoot at any person, or shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall unlawfully and maliciously stab, cut.
Sivu 70 - In prosecutions for conspiracies, it is an established rule that, where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party, in pursuance of...
Sivu 617 - ... at the discretion of the justice, 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...