Criminal Law Reports: Being Reports of Cases Determined in the Federal and State Courts of the United States, and in the Courts of England, Ireland, Canada, Etc. with Notes, Volume 2
Nicholas St. John Green
Hurd and Houghton, 1879 - Criminal law
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accused acquitted admissible aforesaid alleged appear appellant arrest assault Attorney authority autrefois acquit averment Carroll County cause certificate charged Circuit Court circumstances clause commissioner committed common law Commonwealth complaint constitute conviction counsel Crim crime criminal deceased declarations defendant defendant's defraud degree demurrer discharged dying declarations enacting clause evidence extradition fact felony fendant given grand larceny ground guilty habeas corpus held indictment instructed the jury intent issue judge judgment jurisdiction juror justice killing larceny liquors maliciously manslaughter marriage ment misdemeanor motion murder necessary objection offence opinion overruled party person plaintiff in error plea pleading presumption prisoner proceedings proof prosecution proved Prussia punishment purpose question reasonable doubt respondent rule sentence statute sufficient Supreme Court term testified testimony tion treaty trial United verdict Vict warrant wife witness words writ writ of error
Page 54 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Page 399 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 183 - ... committed within the jurisdiction of either, shall seek an asylum, or shall be found within the territories of the other : provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension...
Page 183 - Ireland are determined that, so far as may be in their power, it shall be effectually abolished; and whereas it is found expedient, for the better administration of justice and the prevention of crime within the territories and jurisdiction of the two parties respectively, that persons committing the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up...
Page 442 - ... to establish a defense on the ground of insanity, it must be clearly proved, that, at the time of the committing of 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 134 - ... the trial of crimes committed on the high seas, or in any place out of the jurisdiction of any particular state, shall be in the district where the offender is apprehended, or into which he may first be brought.
Page 423 - The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
Page 702 - After hearing the appeal, the court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties.
Page 342 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.