The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, Volum 23Butterworths, 1867 |
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Side 26
... facts not slight . His failure may , perhaps , be ascribed to an over solicitude to reach what is , perhaps , unattainable — the power to foresee and stop all future objections . A possible new trial was his danger in the distance ...
... facts not slight . His failure may , perhaps , be ascribed to an over solicitude to reach what is , perhaps , unattainable — the power to foresee and stop all future objections . A possible new trial was his danger in the distance ...
Side 41
... fact within the mouth of the close , and in the first common stair there , and therefore the case failed . * A woman was charged with giving poison to her child in a close in the Salt- market ; but the poison was in fact given on the ...
... fact within the mouth of the close , and in the first common stair there , and therefore the case failed . * A woman was charged with giving poison to her child in a close in the Salt- market ; but the poison was in fact given on the ...
Side 42
... fact he was a tailor , and acquitted on the ground of this variance . He was again charged with the same murder in the same terms as before , with the single variation of the trade of the father ; it was objected that he had already ...
... fact he was a tailor , and acquitted on the ground of this variance . He was again charged with the same murder in the same terms as before , with the single variation of the trade of the father ; it was objected that he had already ...
Side 43
... facts be such that the indictment is false in any material particular , an acquittal upon it can never form a bar to an indictment which truly states the facts ; and the reason is plain , viz . , that the prisoner never was in peril on ...
... facts be such that the indictment is false in any material particular , an acquittal upon it can never form a bar to an indictment which truly states the facts ; and the reason is plain , viz . , that the prisoner never was in peril on ...
Side 49
... fact that a witness has been examined in a criminal case affords him no legal bar against an indictment for the same offence . We well remember one Pugh being examined against a prisoner charged with the murder of one Carwar- ardine ...
... fact that a witness has been examined in a criminal case affords him no legal bar against an indictment for the same offence . We well remember one Pugh being examined against a prisoner charged with the murder of one Carwar- ardine ...
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Populære avsnitt
Side 221 - That the pretended power of dispensing with laws, or the execution of laws, by regal authority, as it hath been assumed and exercised of late, is illegal.
Side 135 - ... a counsel can maintain no action for his fees; which are given, not as locatio vel conductio, but as quiddam honorarium; not as a salary or hire, but as a mere gratuity, which a counsellor cannot demand without doing wrong to his reputation...
Side 211 - The discretion of a Judge is the law of tyrants; it is always unknown; it is different in different men; it is casual and depends upon constitution, temper and passion. In the best it is oftentimes caprice; in the worst it is every vice, folly and passion to which human nature is liable.
Side 38 - Names, nor for omitting to state the Time at which the Offence was committed, in any Case where Time is not of the Essence of the Offence, nor for stating the Time imperfectly, nor for stating the Offence to have been committed on a Day subsequent to the finding of the Indictment or...
Side 231 - Secondly, This indulged Law was only to extend to Members of the Army, or to those of the opposite Army, and never was so much indulged as intended to be (executed or) exercised upon others...
Side 231 - The necessity of order and discipline in an army is the only thing which can give it countenance; and therefore it ought not to be permitted in time of peace, when the king's courts are open for all persons to receive justice according to the laws of the land.
Side 313 - Provided always that the court shall not have cognizance of any action of ejectment, or in which the title to any corporeal or incorporeal hereditaments, or to any toll, fair, market, or franchise, shall be in question...
Side 284 - Ireland whereon may depend in any Degree the Allegiance of any Person to the Crown of the United Kingdom, or the Sovereignty or Dominion of the said Crown over any Part of the said Territories.
Side 30 - Society; being all to be used in evidence against both and each of you the said William Burke and Helen M'Dougal, at your trial, will, for that purpose, be in due time lodged in the hands of the clerk of the High Court...
Side 289 - I cannot see why one freeman should be used worse than another, merely upon account of his complexion.