An Inquiry Into the Power of Juries to Decide Incidentally on Questions of Law

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J. S. Littell, 1840 - Jury - 62 pages
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Page 48 - ENACTED, that, On every Such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue...
Page 46 - Also in such case where the inquest may give their verdict at large, if they will take upon them the knowledge of the law upon the matter, they may give their verdict generally as it is put in their charge...
Page 58 - But a general verdict can only be set right by a new trial : which is no more than having the cause more deliberately considered by another jury ; when there is a reasonable doubt, or perhaps a certainty, that justice has not been done.
Page 60 - Lords, in the nature of the thing, the question of law to arise out of the fact cannot arise till the fact is ascertained. It is the province of a jury to ascertain the fact, under the direction and assistance of the judge; the process is simple and distinct, though...
Page 58 - Judgment according as the very Right of the Cause and Matter in Law shall appear unto them, without regarding any Imperfection, Omission, Defect in or Lack of Form...
Page 48 - Provided, always, that on every such trial the court or judge before whom such indictment or information shall be tried shall, according to their or his discretion, give their or his opinion and directions to the jury on the matter in issue between the King and the defendant or defendants, in like manner as in other criminal cases.
Page 54 - Walpole, by many men of high rank and great talents : the •whole party espoused it. It was thought proper to prosecute the famous Hague letter. I was present at the trial, it was in the year 1731. • It happens to be printed in the State Trials. There was a great concourse of people; it was a matter of great expectation, and many persons of high rank were present to countenance the Defendant. Mr. Fazakerly .and Mr. Bootle (afterwards Sir Thomas Bootle) were the leading counsel for. the Defendant....
Page 46 - ... if a person should be indicted for doing any common innocent act, if it be but clothed and disguised in the indictment with the name of treason, or some other high crime, and proved by witnesses to have been done by him, the jury, though satisfied in conscience that the fact is not any such offence as it is...
Page 39 - it is ordained, that the justices assigned to take assizes shall not compel the jurors to say precisely whether it be disseisin or not, so that they do...
Page 42 - ... (and so they must), though no evidence were given on either side in court; but to this evidence the judge is a stranger.

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