A Summary of the Law Relative to Pleading and Evidence in Criminal Cases: With Precedents of Indictments, &c. and the Evidence Necessary to Support Them |
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Page 14
... guilty of a crime in not serving : 5 Mod . 96 : an indictment for extortion must shew what fee was due , or that nothing was payable , 3 Leon . 268 , as well as the fee exacted : an indictment for stopping up the King's highway , must ...
... guilty of a crime in not serving : 5 Mod . 96 : an indictment for extortion must shew what fee was due , or that nothing was payable , 3 Leon . 268 , as well as the fee exacted : an indictment for stopping up the King's highway , must ...
Page 21
... guilty of the murder : burglary is laid to have been done " feloniously and burglariously , and with intent to commit a particular felony ; murder , " felo- niously and of his malice aforethought ; " 2 Hale , 184 , 187 : for- gery ...
... guilty of the murder : burglary is laid to have been done " feloniously and burglariously , and with intent to commit a particular felony ; murder , " felo- niously and of his malice aforethought ; " 2 Hale , 184 , 187 : for- gery ...
Page 24
... guilty as to one of the offences , and not guilty as to the other . It must be positive . ] Every fact and circumstance stated in an indictment , must be laid positively , that is , the indictment must directly affirm that the defendant ...
... guilty as to one of the offences , and not guilty as to the other . It must be positive . ] Every fact and circumstance stated in an indictment , must be laid positively , that is , the indictment must directly affirm that the defendant ...
Page 27
... guilty of extortion , or the like . 1 Salk . 382. Where money has been obtained under false pre- tences , and the false pretences were conveyed by words spoken by one defendant in the presence of the others , all of whom acted in ...
... guilty of extortion , or the like . 1 Salk . 382. Where money has been obtained under false pre- tences , and the false pretences were conveyed by words spoken by one defendant in the presence of the others , all of whom acted in ...
Page 32
... guilty of man . slaughter . Upon an indictment for murder , however , the jury cannot find billa vera se defendendo ; 2 Ro . Rep . 52 ; for the offence charged is a felony , the offence found is not . It may be necessary to mention ...
... guilty of man . slaughter . Upon an indictment for murder , however , the jury cannot find billa vera se defendendo ; 2 Ro . Rep . 52 ; for the offence charged is a felony , the offence found is not . It may be necessary to mention ...
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Common terms and phrases
accessary acquitted afore afterwards alleged ante assault bank note bill of exchange burglary Camp charged clergy Commencement committed common law conspiracy constable convicted counterfeited county aforesaid court crown and dignity death defendant divers dwelling house East fact false felony force and arms forged forgery Fost Fryern further present George the fourth Gilb given in evidence guilty Hale Hawk high treason holden imprisonment indictment Inst instance instrument intent judges held jurors aforesaid jury justice kill King's labourer laid larceny last aforesaid last precedent Leach libel lord the King malice aforethought maliciously manslaughter matter ment mentioned merely Middlesex misdemeanor murder necessary oath aforesaid oath present offence officer overt act parish aforesaid party peace perjury person plea pleaded proof prosecution prosecutor proved punishable reign Salk SECT shillings sovereign lord George stat statute steal sufficient third day unlawfully utter and publish variance warrant wilfully words writ