Commentaries on the Criminal Law, Volum 1Little, Brown, 1858 |
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Side 32
... committed beyond the jurisdiction of any particular State . This conclusion , however , does not as yet rest on a sufficient basis of judicial authority to be re- ceived as absolute law , and it is contrary to the dicta in some of the ...
... committed beyond the jurisdiction of any particular State . This conclusion , however , does not as yet rest on a sufficient basis of judicial authority to be re- ceived as absolute law , and it is contrary to the dicta in some of the ...
Side 108
... commit sodomy was not within this act ; that they were bound to take the word ' infamous ' in its legal sense ; and that such ... committed until pro- ceedings are commenced against the slave . In South Caro- lina on a statute similar in ...
... commit sodomy was not within this act ; that they were bound to take the word ' infamous ' in its legal sense ; and that such ... committed until pro- ceedings are commenced against the slave . In South Caro- lina on a statute similar in ...
Side 118
... committed by the other , yet a party guilty of the offence cannot have the divorce , though the other is guilty also ; because by the common law of divorce one who has himself violated his matrimonial obliga- tions cannot complain of ...
... committed by the other , yet a party guilty of the offence cannot have the divorce , though the other is guilty also ; because by the common law of divorce one who has himself violated his matrimonial obliga- tions cannot complain of ...
Side 123
... committed only under statutes , as to the common law offence.5 § 86. Seventhly . Statutes should be construed in all other respects , as far as possible , in harmony with their policy , and with the common law . Thus , never will a ...
... committed only under statutes , as to the common law offence.5 § 86. Seventhly . Statutes should be construed in all other respects , as far as possible , in harmony with their policy , and with the common law . Thus , never will a ...
Side 125
... committed by a slave , will be dealt with the same as white persons in other cases are , not as slaves.3 So , it being a rule of the common law that crimes are to be inquired of in the county in which they occurred , if a county is ...
... committed by a slave , will be dealt with the same as white persons in other cases are , not as slaves.3 So , it being a rule of the common law that crimes are to be inquired of in the county in which they occurred , if a county is ...
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¹ Rex 4th ed 9 Car accessory according authority Blackf Broom Leg chapter cited civil committed common law Commonwealth Conn Const constitution construed conviction court Cranch Crawf Crim crime criminal law Cush decisions deemed defendant Denio Dix C. C. doctrine dwelling-house East P. C. English statutes fact felony Grat Grea Greenl guilty Hale P. C. Hawk held Humph indictable intent Ired jeopardy judges judicial jurisprudence jury larceny Leach legislative legislature malum in se malum prohibitum manslaughter Mass matter ment misdemeanor Misso Monr monwealth Moody murder nature offence Ohio P. C. Curw particular penal penalty person Pick principle prisoner proceeding proposition prosecution provision punishment question Raym reason repeal Reports rule Russ Salk Smith Stat statute statutory Stra Strob supra thing tion treason tribunals United vols Wend words wrong Yerg
Populære avsnitt
Side 27 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Side 714 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment, as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law, as the legislature, under the governing and controlling power vested in them by the constitution, may think necessary and expedient.
Side 22 - California passed an act providing that "the common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States or the Constitution or laws of the State of California, shall be the rule of decision in all the courts of this state.
Side 606 - The Consuls, Vice-Consuls, and Commercial Agents shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the Captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities...
Side 155 - The rule that penal laws are to be construed strictly is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals, and on the plain principle that the power of punishment is vested in the legislative, and not in the judicial, department.
Side 333 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable...
Side 85 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Side 630 - When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State...
Side 633 - Every citizen of the United States is also a citizen of a State or Territory. He may be said to owe allegiance to two sovereigns, and may be liable to punishment for an infraction of the laws of either. The same act may be an offense or transgression of the laws of both.
Side 155 - The intention of the Legislature is to be collected from the words they employ. Where there is no ambiguity in the words, there is no room for construction. The case must be a strong one, indeed, which would justify a court in departing from the plain meaning of words, especially in a penal act, in search of an intention which the words themselves did not suggest.