Cases in Crown Law: Determined by the Twelve Judges, by the Court of King's Bench, and by Commissioners of Oyer and Terminer and General Gaol Delivery, from the Fourth Year of George the Second 1730 to the Fifty-fifth Year of George the Third, 1815, Volume 1

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J. Butterworth, 1815 - Criminal law - 1108 pages
 

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Page 505 - But, if it appear before the defendant has pleaded, or the jury are charged, that he is to be tried for separate offences, it has been the practice of the Judges to quash the indictment, lest it should confound the prisoner in his defence, or prejudice him in his challenge of the jury; for he might object to a juryman's trying one of the offences, though he might have no reason to do so in the other. But these are only matters of prudence and discretion. If the Judge • who tries the prisoner does...
Page 152 - Provided always, and be it further enacted, that if any person or persons shall be committed for high treason or felony, plainly and specially expressed in the warrant of commitment, upon his prayer or petition in open court the first week of the term, or first day of the sessions of Oyer and Terminer or general...
Page 257 - Confessions are received in evidence, or rejected as inadmissible, under a consideration whether they are, or are not entitled to credit. A free and voluntary confession is deserving of the highest credit, because it is presumed to flow from the strongest sense of guilt, and therefore it is admitted as proof of the crime to which it refers. But a confession forced from the mind by the flattery of hope, or...
Page 152 - ... plainly and specially expressed in the warrant of commitment), upon payment or tender of the charges of bringing...
Page 61 - You shall be taken from the place where you are, and be carried to the place from whence you came, and from thence to the place of execution, and there be severally hanged by your necks until you be dead. And the Lord have mercy on your souls.
Page xxxv - ... committed upon the sea, or in any haven, river, creek, or place where the Admiral or Admirals have power, authority, or jurisdiction...
Page 411 - The word maliciously is made to constitute the very essence of this crime ; no act of shooting, therefore, will amount, under this statute, to a capital offence, unless it be accompanied with such circumstances as, in. construction of law, would have amounted to the crime of murder if death had ensued from such act. This proposition most clearly and unavoidably results from the legal interpretation of the word maliciously, as applied to this subject ; for there is no species of homicide in which...
Page 1 - Be it enacted, by the authority aforesaid, that wherever any person taketh money or reward, directly or indirectly, under pretence or upon account of helping any person or persons to any stolen goods...
Page 304 - ... take the examination of the said prisoner, and information of them that bring him, of the fact and circumstances thereof, and the same, or as much thereof as shall be material to prove the felony...
Page 439 - Security ; or if any Person shall accuse or threaten to accuse, or shall knowingly send or deliver any Letter or Writing accusing or threatening to accuse, any Person of any Crime punishable by Law with Death, Transportation, or Pillory, or of any Assault with Intent to commit any Rape, or of any Attempt or Endeavour to commit any Rape, or of any infamous Crime, as hereinafter defined...

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