Reports of Decisions in Criminal Cases Made at Term at Chambers: And in the Courts of Oyer and Terminer of the State of New York [1823-1868], Volum 5

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William Gould and Son, 1872
 

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Side 594 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Side 444 - He immediately proceeds to give them a definition of murder in the first degree, and of murder in the second degree as follows, to-wit: "All murder which shall be perpetrated by means of poison, or lying in wait, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree, and all other kinds of murder shall be deemed murder of the second...
Side 600 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Side 645 - The mode of putting the latter part of the question to the jury on these occasions has generally been whether the accused at the time of doing the act knew the difference between right and wrong...
Side 668 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Side 173 - ... that the same is true of his own knowledge except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Side 595 - That any order of the President, or under his authority, made at any time during the existence of the present rebellion, shall be a defence in all courts to any action or prosecution, civil or criminal, pending, or to be commenced, for any search, seizure, arrest, or imprisonment, made, done, or committed, or acts omitted to be done, under and by virtue of such order, or under color of any law of Congress...
Side 338 - OP ) being duly sworn, deposes and says that he resides in the of ; that one at in with intent to injure and defraud, feloniously did falsely make, forge and counterfeit, and cause and procure to be falsely made, forged and counterfeited, and willingly act and assist in the false making, forging and counterfeiting...
Side 596 - ... if special bail was originally requisite therein, it shall then be the duty of the state court to accept the surety, and proceed no further in the cause...
Side 594 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute or commission...

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