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 19
... produced in evidence must appear upon the face of it to be what it is described as purporting to be , otherwise the defendant will be acquitted for the variance ; or if the instrument be also set out verbatim in the indictment , the ...
... produced in evidence must appear upon the face of it to be what it is described as purporting to be , otherwise the defendant will be acquitted for the variance ; or if the instrument be also set out verbatim in the indictment , the ...
Page 58
... produce their orders . 4 Hen . 7. c . 13. But peers , peeresses , and lay commoners , are entitled to the benefit of clergy but once ; and there- fore , if they have been once convicted of a clergyable felony , and afterwards claim the ...
... produce their orders . 4 Hen . 7. c . 13. But peers , peeresses , and lay commoners , are entitled to the benefit of clergy but once ; and there- fore , if they have been once convicted of a clergyable felony , and afterwards claim the ...
Page 60
... produced in evidence , bear date on a day different from that stated in the pleading , the party producing it must prove that it was in fact delivered on the day alleged in the pleading , otherwise the variance will be fatal . Thirdly ...
... produced in evidence , bear date on a day different from that stated in the pleading , the party producing it must prove that it was in fact delivered on the day alleged in the pleading , otherwise the variance will be fatal . Thirdly ...
Page 61
... produced , will be fatal . See 1 T. R. 656. 4 T. R. 590. 11 East , 508. 2 Saund . 291 b . 1 H. Bl . 49. Fourthly , when the precise date of any fact , is necessary to ascertain and determine with precision the offence charged , or the ...
... produced , will be fatal . See 1 T. R. 656. 4 T. R. 590. 11 East , 508. 2 Saund . 291 b . 1 H. Bl . 49. Fourthly , when the precise date of any fact , is necessary to ascertain and determine with precision the offence charged , or the ...
Page 62
... produced , will be fatal . See 9 East , 188. 4 Taunt . 700. 671. 6 Taunt . 394. 2 Camp . 5 n . 274. And , lastly , where the place is stated as matter of local description , and not as venue merely , the slightest variance between the ...
... produced , will be fatal . See 9 East , 188. 4 Taunt . 700. 671. 6 Taunt . 394. 2 Camp . 5 n . 274. And , lastly , where the place is stated as matter of local description , and not as venue merely , the slightest variance between the ...
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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