Reports of Decisions in Criminal Cases Made at Term, at Chambers and in the Courts of Oyer and Terminer of the State of New YorkWilliam Gould and Son, 1858 |
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19 페이지
... common intendment ; but because the statute describes the offence by the term " buggery , " the indictment goes on and charges " peccatum illud sodomiticum , Anglice dictum buggery . " " Hawkins says ( 2 Pleas of the Crown , ch . 23 ...
... common intendment ; but because the statute describes the offence by the term " buggery , " the indictment goes on and charges " peccatum illud sodomiticum , Anglice dictum buggery . " " Hawkins says ( 2 Pleas of the Crown , ch . 23 ...
20 페이지
... common law , as a general rule the indictment must charge the offence to have been committed under the circumstances and with the intent mentioned in the statute , he goes on to say : " But even in that case it is not necessary to ...
... common law , as a general rule the indictment must charge the offence to have been committed under the circumstances and with the intent mentioned in the statute , he goes on to say : " But even in that case it is not necessary to ...
21 페이지
... common law made the word in the last case the word of art essential to its description , and the statute prescribing the punishment for the offence uses the same word of art , but the indictment omits it . Our statute curing certain ...
... common law made the word in the last case the word of art essential to its description , and the statute prescribing the punishment for the offence uses the same word of art , but the indictment omits it . Our statute curing certain ...
24 페이지
... common law jury of twelve men . Under the Revised Statutes , and at the time of the adoption of our present state constitution , every person charged with having committed an assault and battery had a right to give bail to appear and ...
... common law jury of twelve men . Under the Revised Statutes , and at the time of the adoption of our present state constitution , every person charged with having committed an assault and battery had a right to give bail to appear and ...
28 페이지
... common law , the Court of King's Bench could not grant a new trial in capital cases . ( Rex v . Mowbry , 6 T. R. , 638 ; 1 Arch . Cr . Pl . , 177 , and cases there cited . ) 2. That court , on an issue upon a writ of error , could ...
... common law , the Court of King's Bench could not grant a new trial in capital cases . ( Rex v . Mowbry , 6 T. R. , 638 ; 1 Arch . Cr . Pl . , 177 , and cases there cited . ) 2. That court , on an issue upon a writ of error , could ...
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accused admissible affidavit alleged arrest asked bail Bogart certiorari charged the jury circumstances circumstantial evidence city and county city of New-York clerk committed common law Conley conviction corpus delicti counsel excepted county aforesaid county of New-York Court of Oyer Court of Sessions crime criminal Cross-examined deceased declarations defendant defendant's counsel district attorney dwelling-house Edward H examination fact feloniously grand jury guilty habeas corpus indictment intent intoxication issued judge judgment jurisdiction jurors aforesaid larceny liquors magistrate manslaughter misdemeanor murder Oakey Hall oath aforesaid objection offence officer opinion Oyer and Terminer PAR.-VOL Patrick Larkin peace person Peverelly plaintiff in error police justice present prisoner prisoner's counsel proceedings proof prosecution proved provisions punishment question refused Revised Statutes rule Rulloff sheriff stolen Supreme Court sworn testified testimony thousand eight hundred tion town trial verdict warrant Wend wife willfully William witness writ of error
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311 페이지 - ... to establish a defence on the ground of insanity, it must be clearly proved, that, at the time of the committing of the act, the party accused was labouring 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.
658 페이지 - Tunnygate, against the form of the statute in such case made and provided, and against the peace of the People of the State of New York and their dignity.
306 페이지 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
254 페이지 - The term felony, when used in this act, or in any other statute, shall be construed to mean an offence for which the offender, on conviction, shall be liable by law to be punished by death, or by imprisonment in a State Prison.
311 페이지 - As these two questions appear to us to be more conveniently answered together, we submit our opinion to be that the jury ought to be told in all cases that every man is presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction.
364 페이지 - I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen...
323 페이지 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
405 페이지 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
324 페이지 - Every person who shall administer to any woman d"st"oy1ch!id.t° pregnant with a quick child any medicine, drug, or substance whatever, or shall use or employ any instrument, or other means, with intent thereby to destroy such child, unless...
177 페이지 - RC prays that the judgment aforesaid, for the errors aforesaid, and other errors in the record and prpceedings aforesaid, may be reversed, annulled, and altogether held for nothing, and that he may be restored to all things which he hath lost by occasion of the said judgment, &c.