Commentaries on the Law of Criminal Procedure: Or, Pleading, Evidence, and Practice in Criminal Cases, Volume 1

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Little, Brown,, 1872 - Criminal procedure
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Page 543 - ... be deprived of his liberty except by the law of the land, or the judgment of his peers.
Page 133 - Territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear.
Page 144 - Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation...
Page 477 - ... and the matters therein contained in manner and form as the same are above stated and set forth...
Page 9 - King, and you upon your respective trials, [or, in a capital case, 'upon your life and" death']; if therefore you or any of you will challenge them or any of them you must challenge them as they come to the book to be sworn, and before they are sworn, and you shall be heard.
Page 736 - The rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior Court but that which specially appears to be so...
Page 41 - A criminal action, prosecuted by indictment, may be removed from the court in which it is pending, on the application of the defendant, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending.
Page 740 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 543 - That, in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty...
Page 543 - That no person arrested or confined in jail, shall be treated with unnecessary rigor, or be put to answer any criminal charge, but by presentment, indictment or impeachment.

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