Cases on Criminal Law and Procedure

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Callaghan, 1922 - Criminal law - 659 pages
 

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Page 467 - Columbia, any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose...
Page 4 - A crime, or misdemeanor, is an act committed or omitted in violation of a public law, either forbidding or commanding it.
Page 251 - That all murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery or burglary, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder in the second degree...
Page 35 - ... to establish a defense on the ground of insanity, it must be clearly proved, that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing ; or, if he did know it, that he did not know he was doing what was wrong.
Page 52 - In order to constitute a crime," he says, "a person must have intelligence and capacity enough to have a criminal intent and purpose ; and if his reason and mental powers are either so deficient that he has no will, no conscience, or controlling mental power, or if, through the overwhelming violence of mental disease, his intellectual power is for the time obliterated, he is not a responsible moral agent, and is not punishable for criminal acts.
Page 139 - No judgment shall be set aside or new trial granted in any cause, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure unless, in the opinion of the court to which the application is made, after an examination of the entire cause, it shall affirmatively appear that the error complained of has resulted in a miscarriage of justice.
Page 606 - The defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked: (i) "If the jury believe all the evidence in this case, they must find a verdict for the defendant.
Page 49 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 36 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Page 175 - It would be dangerous indeed to carry the principle, that a case which is within the reason or mischief of a statute is within its provisions, so far as to punish a crime not enumerated in the statute, because it is of equal atrocity or of kindred character with those which are enumerated.

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