A Treatise on the Law of Evidence, 3권C.C. Little and J. Brown, 1853 |
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45개의 결과 중 1 - 5개
xxxv 페이지
... felonies , and misdemeanors . All public wrongs below the degree of felony , are classed as misdemeanors , and may be the subject of indictment , either at common law , or by statute . Misdemeanors , again , are divided into two classes ...
... felonies , and misdemeanors . All public wrongs below the degree of felony , are classed as misdemeanors , and may be the subject of indictment , either at common law , or by statute . Misdemeanors , again , are divided into two classes ...
8 페이지
... felony . Bac . Max . p . 26 , 27 , 32 ; Reg . 5 , 7. And this agrees with the case in 27 Ass . 40 , cited in Bro . Abr . tit . Corone , pl . 108 ; where it was held , that a woman arraigned of felony , could not be adjudged guilty , the ...
... felony . Bac . Max . p . 26 , 27 , 32 ; Reg . 5 , 7. And this agrees with the case in 27 Ass . 40 , cited in Bro . Abr . tit . Corone , pl . 108 ; where it was held , that a woman arraigned of felony , could not be adjudged guilty , the ...
9 페이지
... , 57 . 3 Brooke states the case , from 27 Ass . 40 , of a woman indicted of felony , and held not guilty , because it was done by command of her husband ; ad- And so it was held in 16 Car . 2 PART V. ] 9 GENERAL PRINCIPLES .
... , 57 . 3 Brooke states the case , from 27 Ass . 40 , of a woman indicted of felony , and held not guilty , because it was done by command of her husband ; ad- And so it was held in 16 Car . 2 PART V. ] 9 GENERAL PRINCIPLES .
10 페이지
... felony be shown to have been committed by the wife , in the presence of the hus- band , the prima facie presumption is , that it was done by his coercion ; but such presumption may be rebutted by proof that the wife was the more active ...
... felony be shown to have been committed by the wife , in the presence of the hus- band , the prima facie presumption is , that it was done by his coercion ; but such presumption may be rebutted by proof that the wife was the more active ...
19 페이지
... felony , and the evidence be of an intent to commit ano- ther , though it be of the like kind , the variance is fatal . Thus , where a burglary was charged , with intent to steal the goods of W. , and it appeared that no such person as ...
... felony , and the evidence be of an intent to commit ano- ther , though it be of the like kind , the variance is fatal . Thus , where a burglary was charged , with intent to steal the goods of W. , and it appeared that no such person as ...
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자주 나오는 단어 및 구문
admissible admitted adverse party affidavit alleged answer apply bill captured cause Chancellor Chancery charge circumstances Comm commissioners committed common law Commonwealth competent Const constitution Court of Chancery Courts Martial Courts of Equity Cranch Crim crime criminal cross-examination David Pratt decree deemed defendant dence depositions documents East examination fact felony filed fraud Hale hearing held Ibid indictment intent interrogatories issue Johns Judge jurisdiction Jury Kely libel Lord Lord Chancellor matter ment misprision of treason mistake necessary oath objection offence owner P. C. ch Paige parol evidence particular perjury person plaintiff pleadings practice presumption prisoner prize proceedings proof proved purpose question reason Regina rule Russ seamen ship statute Story sufficient suit Sumn supra sworn taken testimony tion trial trial by Jury U. S. Stat United vessel Wheat witness
인기 인용구
156 페이지 - A libel is the malicious defamation of a person, made public by any printing, writing, sign, picture, representation or effigy, tending to provoke him to wrath or expose him to public hatred, contempt or ridicule, or to deprive him of the benefits of public confidence and social intercourse...
240 페이지 - The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties, in all civil cases, in the manner to be prescribed by law.
235 페이지 - In a just sense, the amendment then may well be construed to embrace all suits, which are not of equity and admiralty jurisdiction, whatever may be the peculiar form which they may assume to settle legal rights.
232 페이지 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
83 페이지 - Without attempting to review and reconcile all the cases, we are of opinion, that as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons, by some concerted action, to accomplish some criminal or unlawful purpose, or to accomplish some purpose, not in itself criminal or unlawful, by criminal or unlawful means.
310 페이지 - In all cases where the rules prescribed by this Court, or by the Circuit Court, do not apply, the practice of the Circuit Court shall be regulated by the present practice of the High Court of Chancery in England, so far as the same may reasonably be applied consistently with the local circumstances and local convenience of the district where the 'Court is held, not as positive rules, but as furnishing just analogies to regulate the practice.
30 페이지 - 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 jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
158 페이지 - Whenever the author and publisher of the alleged slander acted in the bonii fide discharge of a public or private duty, legal or moral ; or in the prosecution of his own rights or interests.
88 페이지 - If it be proved that the defendants pursued by their acts the same object, often by the same means, one performing one part and another another part of the same, so as to complete it, with a view to the attainment of the same object, the jury will be justified in the conclusion that they were engaged in a conspiracy to effect the object.
235 페이지 - The only modes known to the common law to re-examine such facts are the granting of a new trial by the court where the issue was tried, or to which the record was properly returnable, or the award of a venire facias de novo, by an appellate court, for some error of law which intervened in the proceedings.