Commentaries on the Criminal Law, Volum 1Little, Brown, 1858 |
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Side 5
... distinction between what belongs to criminal jurisprudence and to criminal law , though the distinction is nice , and is of little importance . Moreover , the criminal law , properly viewed , deals with individual wrongs when of a ...
... distinction between what belongs to criminal jurisprudence and to criminal law , though the distinction is nice , and is of little importance . Moreover , the criminal law , properly viewed , deals with individual wrongs when of a ...
Side 9
... distinction from the pure law of nature ; because natural municipal law , quite unclothed by man , does not exist on the earth . Unwise people indeed have argued , that our physical bodies should go without human apparel , because they ...
... distinction from the pure law of nature ; because natural municipal law , quite unclothed by man , does not exist on the earth . Unwise people indeed have argued , that our physical bodies should go without human apparel , because they ...
Side 10
... distinction between the law which the courts enforce , and the law which they decline enforcing.1 The rules concerning this distinction vary with the time and the country in which the court sits . But the truth remains , through all ...
... distinction between the law which the courts enforce , and the law which they decline enforcing.1 The rules concerning this distinction vary with the time and the country in which the court sits . But the truth remains , through all ...
Side 15
... distinction from the equity , admiralty , and ecclesiastical ; sometimes to mark the line which separates the unwritten from the statute law ; sometimes in meanings blending to- gether the foregoing ; sometimes in significations still ...
... distinction from the equity , admiralty , and ecclesiastical ; sometimes to mark the line which separates the unwritten from the statute law ; sometimes in meanings blending to- gether the foregoing ; sometimes in significations still ...
Side 18
... distinction there , however , seems unimportant when we learn that the earliest enactments in the printed collections are those of the 9 Hen . III . , more than thirty - five years later.2 The Georgia court held , that we never adopt a ...
... distinction there , however , seems unimportant when we learn that the earliest enactments in the printed collections are those of the 9 Hen . III . , more than thirty - five years later.2 The Georgia court held , that we never adopt a ...
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Vanlige uttrykk og setninger
¹ Rex 9 Car accessory according attempt authority Blackf Broom Leg chapter cited civil committed common law Commonwealth Conn Const constitution conviction court Cranch Crawf Crim crime criminal law Cush decisions deemed defendant Denio distinction Dix C. C. doctrine dwelling-house East P. C. England fact felony forfeiture Grat Grea Greenl guilty Hale P. C. Hawk held Humph indictable injury intent Ired jeopardy Jones judges judicial jurisprudence jury larceny Leach legislative malum in se Mass matter ment misdemeanor misprision of felony Misso Monr Moody murder nature Nott & McCord offence Ohio P. C. Curw particular person Pick present principle prisoner proceeding proposition prosecution provision punishment question Raym reason repeal Reports rule Russ Salk slave Smith Stat statute statutory Stra Strob thing tion trial tribunals United vols Wend Wheat 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.