A Complete Collection of State Trials and Proceedings for High Treason and Other Crimes and Misdemeanors from the Earliest Period to the Year 1783, with Notes and Other Illustrations, Volume 33
Longman, Hurst, Rees, Orme and Brown, 1826 - Trials
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Then he goes on to say, “But though I am satisfied, that the law considereth petit
treason and murder as one offence, ... for petit treason in Swan's " case; for,
though the offences are. to most purposes, considered as substantially the same,
clause of these acts, in the following terms: “Provided also, and it is hereby
declared, that any person who shall be tried and acquitted, or convicted of any
offence against this act, shall not be liable to be indicted, prosecuted, or tried
again for ...
his offence amounts to treason; and it is obvious that this could never be law,
because the jury alone can judge whether he has committed treason or not; and
unless they are satisfied, upon the evi. dence, that he has committed treason, ...
The rule of the common law of England is this, “Treason drowns felony;” or, as it
is otherwise expressed, “Felony merges in treason.” And in general, by the rule of
the common law of England, the greater offence drowns the less. Thus, in the ...
merged and ertinguished in the offence of high treason; for at that time, by virtue
of the 22nd Hen. 8th, all wilful poisoning was high treason, and being so, the
appeal, not being saved by the act, was barred, whether: THE TREAson had
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A Complete Collection of State Trials and Proceedings for High ..., Volume 33
He will be tried over high treason.
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