The practice of courts-martial, also the legal exposition and military explanation of the Mutiny act, and articles of war

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Unspecified, 1825

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Page 30 - You, as foreman of this grand jury, shall diligently inquire and true presentment make, of all such matters and things as shall be given you in charge ; the counsel of the people of this state, your fellows...
Page 812 - He then relates two very extraordinary cases of malicious prosecution for this crime, that had happened within his own observation ; and concludes thus : " I mention these instances, that we may be the more " cautious upon trials of offences of this nature, wherein the " court and jury may with so much ease be imposed upon, " without great care and vigilance ; the heinousness of the " offence many times transporting the judge and jury with so " much indignation, that they are overhastily carried...
Page 769 - ... deliberate act upon the same footing with regard to guilt. So, also, if a man be greatly provoked, as by pulling his nose, or other great indignity, and immediately kills the aggressor, though this is not excusable se defendendo, since there is no absolute necessity for doing it to preserve himself, yet neither is it murder, for there is no previous malice, but it is manslaughter.
Page 287 - Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of...
Page 319 - Any person belonging to the armies of the United States who makes known the watchword to any person not entitled to receive it, according to the rules and discipline of war, or presumes to give a parole or watchword different from that which he received, shall suffer death, or snch other punishment as a court-martial may direct.
Page 774 - ... we may take it for a general rule that all homicide is malicious, and of course amounts to murder, unless where justified by the command or permission of the law ; excused on the account of accident or self-preservation ; or alleviated into manslaughter, by being either the involuntary consequence of some act, not strictly lawful, or, if voluntary, occasioned by some sudden and sufficiently violent provocation (53). And all these circumstances of justification, excuse, or alleviation, it is incumbent...
Page 568 - ... void ; and such person shall be admitted as a witness to the execution of such will or codicil...
Page 726 - There must in general be an actual breaking ; not a mere legal clausum fregit, (by leaping over invisible ideal boundaries, which may constitute a civil trespass,) but a substantial and forcible irruption. As at least by breaking, or taking out the glass of, or otherwise opening, a window : picking a lock, or opening it with a key ; nay, by lifting up the latch of a door, or unloosing any other fastening which the owner has provided.
Page 481 - ... peace officer in the execution of his duty, or upon any person acting in aid of such officer, of any neglect or breach of duty as a peace officer, of any assault committed in pursuance of any conspiracy to raise the rate of wages...
Page 800 - Perjuries is or are assigned, without setting forth the Bill, Answer, Information, Indictment, Declaration, or any Part of any Record or Proceeding either in Law or Equity other than as aforesaid, and without setting forth the Commission or Authority of the Court, or Person or Persons before whom the Perjury was committed ; any Law, Usage, or Custom to the contrary notwithstanding.

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