A Summary of the Law Relative to Pleading and Evidence in Criminal Cases: With Precedents of Indictments, &c. and the Evidence Necessary to Support Them |
From inside the book
Results 1-5 of 90
Page 5
... intent constituting it , must be set forth with certainty and precision , without any repugnancy or inconsistency , and the defen- dant charged directly and positively with having committed it . It must be certain as to the party ...
... intent constituting it , must be set forth with certainty and precision , without any repugnancy or inconsistency , and the defen- dant charged directly and positively with having committed it . It must be certain as to the party ...
Page 13
... for in- stance , in indictments for stealing in the dwelling house , & c . for burgla- ry , arson , shooting into a house with an intent to kill , or for forcible en- try or the like , if there be the slightest Indictment . 13.
... for in- stance , in indictments for stealing in the dwelling house , & c . for burgla- ry , arson , shooting into a house with an intent to kill , or for forcible en- try or the like , if there be the slightest Indictment . 13.
Page 16
... intent constituting the offence . ] Every offence consists of certain acts done or omitted , under certain circumstances ; and in an indictment for the offence , it is not suf- ficient to charge the defendant generally with having ...
... intent constituting the offence . ] Every offence consists of certain acts done or omitted , under certain circumstances ; and in an indictment for the offence , it is not suf- ficient to charge the defendant generally with having ...
Page 17
... intent , which is required in ordinary pleas ; and certainty to a certain intent in general , which is required in declarations and in- dictments . The latter is a medium between the other two ; not so great a degree of certainty as the ...
... intent , which is required in ordinary pleas ; and certainty to a certain intent in general , which is required in declarations and in- dictments . The latter is a medium between the other two ; not so great a degree of certainty as the ...
Page 18
... intent , however , is a rule of construction only , and not of addition ; it cannot add to a sentence , words which are not im- pliedly included in it ; and therefore in trespass , if the defendant plead a release , without shewing at ...
... intent , however , is a rule of construction only , and not of addition ; it cannot add to a sentence , words which are not im- pliedly included in it ; and therefore in trespass , if the defendant plead a release , without shewing at ...
Common terms and phrases
accessary acquitted afore afterwards alleged ante assault bank note bill of exchange burglary Camp charged clergy Commencement committed common law conspiracy constable convicted counterfeited county aforesaid court crown and dignity death defendant defraud divers dwelling house East fact false felony force and arms forged forgery Fost further present George the Fourth Gilb given in evidence guilty Hale Hawk high treason holden imprisonment indictment Inst instrument intent judges held jurors aforesaid jury justice kill King's labourer laid larceny last aforesaid last precedent Leach libel lord the King malice aforethought maliciously manslaughter ment mentioned merely Middlesex misdemeanor murder necessary oath aforesaid oath present offence officer overt act parish aforesaid party peace perjury person plea pleading prisoner proof prosecution prosecutor proved punishable reign Salk SECT shillings sovereign lord George stat statute steal sufficient third day unlawfully utter and publish variance warrant wilfully words writ
Popular passages
Page 231 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 281 - In contempt of our said Lord the King, in open violation of the laws of this kingdom, to the evil and pernicious example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Page 348 - King there being, in contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Page 319 - JS, esquire, then and yet being one of the justices of our said lord the King, assigned to keep the peace of our said lord the King in and for the county aforesaid, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the said county...
Page 357 - JS, on the day and year aforesaid, and on divers other days * and times...
Page 263 - Jackson's traitorous purposes before mentioned, in contempt of our said lord the King and his laws, to the evil example of all others in the like case offending, contrary to the duty of the allegiance of him, the saiil William Stone, against the form of the statute in such case made and provided, and against the peace of our said lord the King, his crown and dignity.
Page 282 - If people should not be called to account for possessing the people with an ill opinion of the government, no government can subsist. For it is very necessary for all governments that the people should have a good opinion of it.
Page 231 - God and of the said lord the king, then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault ; and that the said...
Page 383 - CD, and their fellows, justices of our said lord the King, assigned to keep the peace of our said lord the King...
Page 39 - ... in his proper person, comes here into the court of our said lord the king, before the king himself at...