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according accused acquitted admitted alleged amongst ancient Anglo-Saxon Anglo-Saxon laws appear assisa assize attaint Bracton called cause challenge charge committed compurgation conviction cour de cassation Court of Session crime criminal Curia Regis decided declare defendant determine dict discharge dispute doubt duty England English evidence existence fact favor France give given grand jury guilty Henry II hundred indictment innocent inquest institution issue judges judgment judicial judicium jurata jurors jury in civil jury system jury trial justice king king's land libel Lord Lord Mansfield matter means ment mode of trial oath offense opinion ordeal parties persons petit jury plaintiff present presiding prisoner proceedings proof proved question of law reason respect rule Saxon says Scotland seems sheriff statute sufficient summoned sworn taken tion trial by jury tribunal tried truth unanimous verdict wapentake wergild witnesses words writ writers
Page 309 - other slave-holding state. In Tennessee the judges " shall not charge the juries with respect to matters of fact, but may state the testimony and declare the law." In Iowa, whose constitution dates from 1846, the General Assembly may authorize trial by a jury of a less number than twelve in
Page 194 - You, as foreman of this grand inquest for the body of this county of A, shall diligently inquire, and true presentment make, of all such matters and things as shall be given you in charge. The king's counsel, your fellows', and your own, you shall keep secret: you shall
Page 309 - trial by a jury of a less number than twelve in inferior courts. In Wisconsin (1848) a jury trial in civil suits may be waived by the parties, in all cases, in the manner prescribed by law. Throughout the Union, in all trials, whether civil or criminal, unanimity in the jury is essential.
Page 356 - Gentlemen, you shall not be dismissed till we have a verdict that the court will accept : and you shall be locked up, without meat, drink, fire, and tobacco ; you shall not think thus to abuse the court ; we will have a verdict, by the help of God, or you shall starve for it.
Page 358 - bring fetters, and stake him to the ground." Penn.—" Do your pleasure ; I matter not your fetters." Recorder.—" Till now I never understood the reason of the policy and prudence of the Spaniards in suffering the Inquisition among them : and certainly it will never be well with us till something like unto the Spanish Inquisition be in England.
Page 205 - oath :—"You shall well and truly try, and true deliverance make, between our sovereign lady the Queen and the prisoner at the bar whom you have in charge ; and a true verdict give according to the evidence, so help you God
Page 260 - happens that the eye of any witness sees the fatal blow struck, or the poisonous ingredients poured into the cup. In drawing an inference or conclusion from facts proved, regard must always be had to the nature of the particular case, and the facility that appears to be afforded, either of explanation or contradiction.
Page 308 - the jury are empowered, in all prosecutions or indictments for libels, to determine the law and the facts under the direction of the court, and the truth of the alleged libel may be given in evidence. In New Hampshire the constitution provides, that the legislature may make such regulations as will prevent parties from having as many trials by jury in the same suit or action as
Page 359 - to the great satisfaction of the assembly." Recorder.—" I am sorry, gentlemen, you have followed your own judgments and opinions, rather than the good and wholesome advice which was given you ; God keep my life out of your hands ; but for this the court fines you forty marks a man, and imprisonment till paid.